Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining
This text of 146 Misc. 323 (Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff in the New York action as a matter of orderly procedure should have pleaded by cross-answer his affirmative claim against the village of Ossining. The amount due him is directly in issue in the Westchester county suit. The actions will be consolidated because, not only can the issue between him and the village be settled, but such a judgment will determine finally the amount to be applied toward the liens and the deficiency against the surety company, if any. The motion is granted in all respects.
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Cite This Page — Counsel Stack
146 Misc. 323, 261 N.Y.S. 236, 1932 N.Y. Misc. LEXIS 1692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-foundry-pipe-corp-v-board-of-water-commissioners-of-village-of-nysupct-1932.