Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining

New York Supreme Court

Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining

146 Misc. 323, 261 N.Y.S. 236, 1932 N.Y. Misc. LEXIS 1692

New York Supreme Court·Decided September 29, 1932·Published·Cited by 5 cases

Opinion

Bleakley, J.

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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Bleakley, J.

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.

Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining, 146 Misc. 323, 261 N.Y.S. 236, 1932 N.Y. Misc. LEXIS 1692 (N.Y. Super. Ct. 1932).

Pincite

146 Misc. 323 (Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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