Sweeny v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Interest was properly allowed upon the plaintiffs’ recovery from the time the claim sued upon was presented to the comptroller for settlement and adjustment up to the time of the entry of the judgment. (Adams v. Fort Plain Bank, 36 N. Y. 255; Van Rensselaer v. Jewett, 2 N. Y.…
1Opinion of the CourtCullen, J.
In March, 1899, the plaintiffs entered into a contract with the commissioner of buildings of the borough of Manhattan for tearing down the walls, removing the debris and recovering the dead bodies from tbe ruins of the Windsor Hotel, in the city of Hew York, which at that time had been recently destroyed by fire. The contract did not prescribe any gross sum to be paid for the work, but the plaintiffs were to be allowed a specific price for each item of labor or materials furnished by them, as, for instance, so much a day for shorers, so much for trucks, so much a thousand feet for timber.…
2Cases cited11 opinions
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- White v. . MillerNew York Court of Appeals · 1879
- Morgan v. . SkiddyNew York Court of Appeals · 1875
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Rapid Transit Subway Construction Co. v. City of New YorkNew York Court of Appeals · 1932
- Simon v. . EtgenNew York Court of Appeals · 1915
- Excelsior Terra Cotta Co. v. . HardeNew York Court of Appeals · 1905
- Bradley v. . McDonaldNew York Court of Appeals · 1916
26 more not listed; retrieve them via the Exa API.