Legal Opinion
Lewis v. City of Lockport
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1937PublishedCited by 3 opinions
1Opinion of the CourtLewis, J.
The appeal is from an order and judgment dismissing the plaintiff’s complaint upon defendant’s motion for judgment on the pleadings -under rule 112 of the Buies of Civil Practice.
A contract for constructing a drain and water pipe along Lincoln avenue in the city of Lockport was awarded, after competitive bidding, for $95,521. It was completed at a total cost of $195,639.47. The marked difference between the contract price *160and the cost of completion was due chiefly to the fact that rock was encountered on the site of the work where earth and sand had been anticipated.
The plaintiff — whose…
2Cases cited12 opinions
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Elmhurst Fire Co. v. . City of New YorkNew York Court of Appeals · 1914
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Oak Hill Country Club v. Town of PittsfordNew York Court of Appeals · 1934
- People ex rel. Soeurbee, Inc. v. PurdyAppellate Division of the Supreme Court of the State of New York · 1917
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3Cited by3 opinions
- Bogart v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1945
- Syracuse Center of Jehovah's Witnesses, Inc. v. City of SyracuseNew York Supreme Court · 1937
- Carroll v. Dryolin Corp.New York Supreme Court · 1943