E. E. Smith Contracting Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, E. E. Smith Contracting Company, 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 21st day of March, 1921, as resettled by an order entered in said clerk’s office on the 17th day of May, 1921, in so far as said order grants defendant’s motion to dismiss its complaint in reference to several so-called insurance claims, and also from a judgment entered in said…
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Appeal by the plaintiff, E. E. Smith Contracting Company, 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 21st day of March, 1921, as resettled by an order entered in said clerk’s office on the 17th day of May, 1921, in so far as said order grants defendant’s motion to dismiss its complaint in reference to several so-called insurance claims, and also from a judgment entered in said clerk’s office on the 15th day of March, 1921, upon the verdict of a jury rendered in part by direction of the court in…
1Opinion of the Court
Martin, J.:
On the 7th day of March, 1913, the plaintiff entered into a contract with the Public Service Commission for the construction of an elevated railroad including stations, about three and one-quarter miles long, commencing two hundred and seventy feet east of Van Dam street and running along Queens boulevard, Greenpoint, Silkman and Roosevelt avenues to a po'nt on Roosevelt avenue about seventy feet east of Sycamore avenue.
About 4,000 feet of the railroad situated on the Queens boulevard was to be constructed of reinforced concrete, the remaining part being ordinary elevated railroad…
2Cases cited21 opinions
- United States v. GleasonSupreme Court of the United States · 1900
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Perkins v. . GilesNew York Court of Appeals · 1872
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
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3Cited by2 opinions
- Thomas Crimmins Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Pamozzo v. Carborundum Co.District Court, W.D. New York · 1934