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PRUDENTIAL OIL CORP. v. PHILLIPS PETROLEUM CO.

69 A.D.2d 763 (1979)

Prudential Oil Corporation, Respondent-Appellant, v. Phillips Petroleum Company, Appellant-Respondent

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

April 5, 1979

As to defendant-appellant-respondent's claim that dismissal is required by section 489 of the Judiciary Law, an argument adopted by our respected dissenter, it is necessary only to add that the situation here found meets the requirements set out in Fairchild Hiller Corp. v McDonnell Douglas Corp. (28 N.Y.2d 325) and American Express Co. v Control Data Corp. (50 A.D.2d 749) of a peculiar...

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