CARLSON CONSTR. CO. v. NEW YORK TEL. CO.


45 Misc.2d 229 (1964)

Carlson Construction Company, Inc., Plaintiff, v. New York Telephone Company, Defendant.

Supreme Court, Special Term, Suffolk County.

December 30, 1964


Attorney(s) appearing for the Case

Malone & Dorfman for plaintiff. G. Wallace Bates and Kenneth J. Lucey for defendant.


JOHN P. COHALAN, JR., J.

In this rather unusual case, which was tried before the court without a jury, plaintiff corporation seeks one amount of monetary relief, but bases its claim on three distinct causes of action. They sound respectively in breach of contract, gross negligence and violation of statutory duty.

Having commenced its corporate existence in 1948, plaintiff removed its base of operations...

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