New York State Construction Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York State Construction Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of March, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
The trial court determined that the plaintiff failed to plead or prove a cause of action.
The object of the action is to recover against the city of New York damages which the plaintiff alleges it sustained, and which it says are legally recoverable because of the negligent or willful omissions of city officials to perform acts essential to make a binding obligation with the city within a reasonable time after an award to the plaintiff as the lowest bidder for public work.
The defendant proposed to extend a pier in the borough of Brooklyn. On September 12, 1907, through its…
2Cases cited6 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- Lynch v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Gibbons v. ColerAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Lynch v. LennonAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Belmar Contracting Co. v. StateNew York Court of Claims · 1920
- Jaffie Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1982
- People v. PrendergastNew York Supreme Court · 1917
- Belmar Contracting Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1920