Schmidt v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and another, 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 4th day of December, 1916, upon the verdict of a jury for $2,250, and also from orders entered in said clerk’s office on the 27th day of November, 1916, and the 2d day of December, 1916, respectively, denying defendants’ motions for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The appellant Bradley Contracting Company holds a contract from the city of New York for the building of the Lexington Avenue subway at East Eighty-sixth street. In the prosecution of this work it was necessary to excavate Eighty-sixth street for a distance eastwardly from Lexington avenue. To do this the contractor removed the pavement, and substituted therefor a pavement of planking. It was proven without contradiction that this work was necessary to the execution of the contract; that it was done with the approval and under the direction of the Public Service Commission…
2Cases cited4 opinions
- Carr v. Degnon Contracting Co.Appellate Terms of the Supreme Court of New York · 1905
- Fithian v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Dougherty v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Matthews v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by16 opinions
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Glenn v. Oakdale Contracting Co., Inc.New York Court of Appeals · 1931
- Shirman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Magid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1931
- Treadwell v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1920
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