1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 94 A.D.2d
  5. 94 A.D.2d 605 (1983)
 

ESCHEN STEEL & IRON WORKS CO., INC. v. JOHN T. BRADY & CO.

94 A.D.2d 605 (1983)

Eschen Steel & Iron Works Co., Inc., Appellant, v. John T. Brady & Company et al., Respondents

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

May 3, 1983

Special Term on its own motion dismissed the complaint as time barred, in essence granting summary judgment to defendants. This was error, at least on the present state of the pleadings. "A defense consisting of new matter must be pleaded and summary judgment may not be granted to a defendant dismissing the complaint upon the basis of such a defense unless it is pleaded in the action." (Furlo v Cheek, 20 A.D.2d 939, 940.) As to the...

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