J. K. Welding Co. v. Lizza & Sons, Inc.

Appellate Division of the Supreme Court of New York

J. K. Welding Co. v. Lizza & Sons, Inc.

10 A.D.2d 644, 197 N.Y.S.2d 272, 1960 N.Y. App. Div. LEXIS 11650

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1960

StatusPublished

This text of 10 A.D.2d 644 (J. K. Welding Co. v. Lizza & Sons, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. K. Welding Co. v. Lizza & Sons, Inc., 10 A.D.2d 644, 197 N.Y.S.2d 272, 1960 N.Y. App. Div. LEXIS 11650 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for breach of a construction subcontract, the appeal is (1) from an order which granted a motion for summary judgment striking out the answer and dismissing the counterclaims contained therein (Rules Civ. Prac., rule 113), and (2) from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and [645]*645motion denied, with $10 costs. In our opinion, the record discloses issues of fact which may not be summarily decided upon affidavits. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.

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In an action to recover damages for breach of a construction subcontract, the appeal is (1) from an order which granted a motion for summary judgment striking out the answer and dismissing the counterclaims contained therein (Rules Civ. Prac., rule 113), and (2) from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and [645]*645motion denied, with $10 costs. In our opinion, the record discloses issues of fact which may not be summarily decided upon affidavits. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.

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Bluebook (online)

10 A.D.2d 644, 197 N.Y.S.2d 272, 1960 N.Y. App. Div. LEXIS 11650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-k-welding-co-v-lizza-sons-inc-nyappdiv-1960.