Legal Opinion

Dwyer v. Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 11 opinions

Appeal by the plaintiff, Thomas Dwyer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1899, upon the dismissal of the complaint at the close of the plaintiff’s evidence on a trial at the New York Trial Term.

1Opinion of the Court

Laug-hxin, J. :

The plaintiff contracted with the city of New York, through the commissioners of the department of public parks, for the construction of a boiler house and engine room for the Metropolitan Museum of Art.

The complaint contains two causes of action ; the first is to recover $669.30, the balance unpaid upon the contract; the second, for damages caused by the wrongful rulings, orders and directions of the architect and board of park commissioners in requiring the plaintiff to do over again certain work which it is alleged he completed in accordance with the contract, plans and…

2Cases cited2 opinions

  1. Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
  2. Weeks v. . O'BrienNew York Court of Appeals · 1894

3Cited by11 opinions

  1. Langley v. . RoussNew York Court of Appeals · 1906
  2. Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  3. Alsmeier v. AdamsIndiana Court of Appeals · 1914
  4. First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
  5. Kelly v. St. Michael's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1912

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