BARRY v. ONEONTA OIL & FUEL CO., INC.


74 A.D.2d 954 (1980)

Douglas R. Barry, Appellant, v. Oneonta Oil & Fuel Company, Inc., Respondent

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

March 13, 1980


The action was commenced on January 7, 1975 and issue joined on November 16, 1978. The complaint sought to recover moneys due and owing the plaintiff for work, labor and services. The defendant counterclaimed for negligence in the performance of the work and for breach of contract. The action appeared on the Supreme Court Trial Term Calendar for Otsego County for the March, 1979 term called on February 26, 1979. At calendar call the case was marked "ready", but it does not...

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