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Warren Foundry Pipe Corp. v. Bd. Water Comrs

Supreme Court, Westchester County
Sep 29, 1932
146 Misc. 323 (N.Y. Misc. 1932)

Summary

In Warren Foundry Pipe Corp. v. Bd. Water Comrs. (146 Misc. 323) both actions were in this court, so there was no question of moving the case from another court. Plaintiff, in the New York County action, apparently sued at law.

Summary of this case from Simon v. Waltman

Opinion

September 29, 1932.

Conroy Hardy [ Reginald S. Hardy of counsel], for the appellant.

Hotchner, Drucker, Bleier Finn [ Edward W. Drucker of counsel], for the respondent.



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.


Summaries of

Warren Foundry Pipe Corp. v. Bd. Water Comrs

Supreme Court, Westchester County
Sep 29, 1932
146 Misc. 323 (N.Y. Misc. 1932)

In Warren Foundry Pipe Corp. v. Bd. Water Comrs. (146 Misc. 323) both actions were in this court, so there was no question of moving the case from another court. Plaintiff, in the New York County action, apparently sued at law.

Summary of this case from Simon v. Waltman
Case details for

Warren Foundry Pipe Corp. v. Bd. Water Comrs

Case Details

Full title:WARREN FOUNDRY AND PIPE CORPORATION, Plaintiff, v. BOARD OF WATER…

Court:Supreme Court, Westchester County

Date published: Sep 29, 1932

Citations

146 Misc. 323 (N.Y. Misc. 1932)
261 N.Y.S. 236

Citing Cases

Warren Foundry Pipe Corp. v. Village of Ossining

December, 1932. Order in so far as it consolidates actions and changes venue affirmed, with fifty dollars…

Simon v. Waltman

In Meuer v. Horowitz (20 N.Y.S.2d 780) both actions were at law and therefore could be tried together. The…