City of New York v. Sicilian Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by thé defendant, The Sicilian Asphalt Paving Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of July, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overntling the said defendant’s demurrer to the complaint on the ground that the complaint does not state facts sufficiént to constitute a cause of action as to…
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Appeal by thé defendant, The Sicilian Asphalt Paving Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of July, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overntling the said defendant’s demurrer to the complaint on the ground that the complaint does not state facts sufficiént to constitute a cause of action as to said defendant.
1Opinion of the Court
Scott, J.:
The defendant The Sicilian Asphalt Paving Company appeals from an interlocutory judgment overruling its demurrer to the complaint.
The complaint sets forth a Contract between the city of New York, and the appellant for the grading and repaving of the roadway of Forty-fifth street, from Tenth to Eleventh avenues in the city of New York. The work of repaving was completed and accepted on June 29, 1904. Thereafter a permit was issued to the defendant Consolidated Telegraph and Electrical Subway Company to open said street for the purpose of laying a trench across it. It is said,…
2Cases cited4 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- O'Keeffe v. . City of New YorkNew York Court of Appeals · 1903
3Cited by1 opinion
- City of New York v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1911