Five Boro Electrical Contractors Ass'n, Inc. v. City of New York

Decision Date11 October 1973
Citation33 N.Y.2d 676,349 N.Y.S.2d 374
Parties, 304 N.E.2d 238 FIVE BORO ELECTRICAL CONTRACTORS ASS'N, INC., et al., Appellants, v. The CITY OF NEW YORK & ano., Respondents.
CourtNew York Court of Appeals Court of Appeals

Order, 37 A.D.2d 807, 324 N.Y.S.2d 830, affirmed, without costs. No opinion.

All concur.

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5 cases
  • Delan v. CBS, Inc.
    • United States
    • New York Supreme Court
    • 9 Diciembre 1981
    ...to the action (CPLR 3212 Five Boro Elec. Contr. Assn. v. City of New York, 37 A.D.2d 807, 324 N.Y.S.2d 830, affd. 33 N.Y.2d 676, 349 N.Y.S.2d 374, 304 N.E.2d 238; Koch v. Haven-Busch Co., 41 A.D.2d 774, 341 N.Y.S.2d 865). Under normal circumstances, where the affirmation is made by an attor......
  • Dye v. Lincoln First Bank of Rochester
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Diciembre 1974
    ... ... not pick out one for that trial, and save five more for as many separate trials over the ... In the foreclosure sale, the New York City Welfare Commissioner was cited as having a ... within their ken, as upon a trial (Five Boro Electrical Contractors Assn. Inc., et al. v ... ...
  • Colonna and Co., Inc. v. Citibank, N.A.
    • United States
    • New York Supreme Court
    • 11 Julio 1980
    ...party has the same obligation (Five Boro Elect. Contr. Assn. v. City of New York, 37 A.D.2d 807, 324 N.Y.S.2d 830, aff'd 33 N.Y.2d 676, 349 N.Y.S.2d 374, 304 N.E.2d 238). Based upon the papers before this court, the plaintiff has submitted sufficient proof to establish prima facie that Citi......
  • Small v. Marchese
    • United States
    • New York Supreme Court — Appellate Term
    • 18 Septiembre 1978
    ...at a trial. CPLR 3212(b); Five Boro Elec. Contr. Assn. v. City of New York, 37 A.D.2d 807, 324 N.Y.S.2d 830; aff'd 33 N.Y.2d 676, 349 N.Y.S.2d 374, 304 N.E.2d 238. Upon their failure to come forward with such proof, the court should have determined as a matter of law that plaintiffs were ba......
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