R. Lansdell Bituminous Corp. v. Lizza & Sons, Inc.

Appellate Division of the Supreme Court of New York

R. Lansdell Bituminous Corp. v. Lizza & Sons, Inc.

55 A.D.2d 948, 390 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 10236

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

DecidedJanuary 31, 1977

StatusPublished

This text of 55 A.D.2d 948 (R. Lansdell Bituminous Corp. 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

R. Lansdell Bituminous Corp. v. Lizza & Sons, Inc., 55 A.D.2d 948, 390 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 10236 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action, inter alia, (1) to recover the agreed price and reasonable value of materials sold and furnished to defendant Lizza & Sons and (2) on the payment bond issued by defendant St. Paul Fire and Marine Insurance Company, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, dated May 19, 1976, as denied the branch of its motion which sought summary judgment against the defendant surety. Order affirmed insofar as appealed from, with $50 costs and disbursements. Special Term properly denied the branch of the motion for summary judgment as there are triable issues of fact. Hopkins, Acting P. J., Martuscello, Damiani and Hawkins, JJ., concur.

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In an action, inter alia, (1) to recover the agreed price and reasonable value of materials sold and furnished to defendant Lizza & Sons and (2) on the payment bond issued by defendant St. Paul Fire and Marine Insurance Company, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, dated May 19, 1976, as denied the branch of its motion which sought summary judgment against the defendant surety. Order affirmed insofar as appealed from, with $50 costs and disbursements. Special Term properly denied the branch of the motion for summary judgment as there are triable issues of fact. Hopkins, Acting P. J., Martuscello, Damiani and Hawkins, JJ., concur.

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Bluebook (online)

55 A.D.2d 948, 390 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 10236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-lansdell-bituminous-corp-v-lizza-sons-inc-nyappdiv-1977.