Daly v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1911, as resettled by an order entered in said clerk’s office on the 18th day of January, 1912, referring the issues herein to a referee.
1Opinion of the Court
McLaughlin, J.:
This action is; to recover the sum of $144,440.51, a balance alleged to be due under a contract for work, labor and services performed for the defendant in the removal of snow and ice between December 5, 19Ó8, and February 11, 1909. The complaint alleges that the contract provided that a specified sum should be paid per cubic yard for the snow and ice removed, the price varying somewhat according to the districts of the city; that the plaintiffs, as the snow and ice were removed, were to deliver to the commissioner of street cleaning vouchers setting forth the amount removed,…
2Cases cited2 opinions
- Thayer v. . McNaughtonNew York Court of Appeals · 1889
- Smith v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Amsden v. Traders National BankAppellate Division of the Supreme Court of the State of New York · 1918
- Daly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913