Uvalde Asphalt Paving Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of May, 1912, upon the verdict of a jury rendered by direction of the court, certain questions of fact having been submitted to the jury, and also from an order entered in said clerk’s office on the 21st day of June, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff sties for damages measured by the value of work which he was required to do as an incident of his contract for repaving Cypress avenue in the borough of Queens. The value of the work done is not in dispute, the only question being as to his right to recover at all. The street to be repaved was an ancient road which had been worked for many years at its natural level, and had been first a plank road and after-wards a macadamized road. ' The repavement was rendered necessary because the macadam had fallen into disrepair. In the course of the work the contractor was…
2Cases cited6 opinions
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Dunn v. . City of New YorkNew York Court of Appeals · 1912
- Lentilhon v. . City of New YorkNew York Court of Appeals · 1906
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3Cited by3 opinions
- Todd Dry Dock, Engineering & Repair Corp. v. City of New YorkDistrict Court, E.D. New York · 1929
- City of New York v. Uvalde Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Schamber Chemical Co. v. Ross & Kominsky Plumbing & Heating Co.Appellate Division of the Supreme Court of the State of New York · 1940