Rapid Transit Subway Construction Co. v. City of New York

The plaintiff was awarded by the city the contract for the construction of section 7, route 5, of the Lexington Avenue subway, extending from the south side of Forty-third street to a point fifty feet north of the center line of Fifty-third street. After completion of the work the plaintiff brought this action to *717recover moneys claimed to be due to it from the city under provisions of the contract, and as damages it alleges it was caused by breaches on the part of the city. The action originally came on for trial before Mr. Justice Wagner, and it was stipulated that a jury should be waived,…