Legal Opinion

Molloy v. City of New Rochelle

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 6 opinions

Motion by the plaintiff, Frank W. Molloy, for'a new trial upon a case containing exceptions ordered to be heard at the Appellate ■ Division in the first instance upon- the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Westchester Trial Term, held in March, ly07.

1Opinion of the Court

Rich, J.:

The facts in this case are substantially as follows: The defendant’s charter (Laws of 1899, chap. 128, § 33) provides: “Whenever any expenditures- to, be made or incurred by the common council .or city board dr any city officer in behalf of the city for work to be done,, or materials or supplies- to be furnished, except ordinary repairing and macadamizing of' streets, shall exceed -two hundred dollars, the city clerk shall advertise for and receive proposals therefor, in such manner, as the common council, or -as the board or officer charged with making such contract shall prescribe,…

2Cases cited2 opinions

  1. People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
  2. McCord v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by6 opinions

  1. Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
  2. Marine Electric Railway Products Division, Inc. v. New York City Transit Authority (In re Marine Electric Railway Products Division, Inc.)District Court, E.D. New York · 1982
  3. Carroll-Ratner Corp. v. City Manager of New RochelleNew York Supreme Court · 1967
  4. Matter of Marine Elec. Ry. Prods. Div., Inc.United States Bankruptcy Court, E.D. New York · 1982
  5. People v. JacobsNew York Supreme Court · 1985

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