1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 23 A.D.2d
  5. 23 A.D.2d 450 (1965)
 

A & R CONSTR. v. N. Y. S. ELEC. & GAS

23 A.D.2d 450 (1965)

A & R Construction Co., Inc., Appellant, v. New York State Electric and Gas Corporation et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 13, 1965.

Attorney(s) appearing for the Case

Kiley, Feldmann, Whalen & Fuller (William D. Kiley of counsel), for appellant.

Folmer, Ryan, Fenstermacher & Yesawich (Paul J. Yesawich, Jr., of counsel), for Gilbert Associates, Inc., respondent.

Bryant & Mazza (Frederick B. Bryant of counsel), for New York State Electric and Gas Corporation, respondent.

GIBSON, P. J., REYNOLDS and TAYLOR, JJ., concur with HAMM, J.; HERLIHY, J., dissents, in a memorandum, and votes to modify the order of Special Term by reversing the decretal paragraph which ordered that the "Third" and "Fifth" causes of action be dismissed.

HAMM, J.

Appeal is taken from an order of the Supreme Court at Special Term which dismissed the third, fifth and seventh causes of action of the appellant's complaint. The appellant, hereafter called the plaintiff, has conceded in its brief that the court "was correct in dismissing the seventh cause of action." The third cause of action is brought against only the defendant Gilbert Associates, Inc., hereafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases