New York Dock Co. v. Flinn-O'Rourke Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, New York Dock Company, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 24th day of November, 1919, upon the decision of the court rendered after a trial at the Kings Special Term.
Read the full summary
Appeal by the plaintiff, New York Dock Company, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 24th day of November, 1919, upon the decision of the court rendered after a trial at the Kings Special Term. Appeal by the defendants, Flinn-O’Rourke Company, Inc., and the City of New York, from so much of said judgment as fails and refuses to dismiss the complaint and directs a reference to take evidence of the amount of plaintiff’s damages and to report to the court thereon with the referee’s recommendation as to the amount of…
1Opinion of the Court
Jaycox, J.:
On the 9th day of December, 1914, the plaintiff was the owner of piers Nos. 14 and 15, situate near the foot of Montague street, in the borough of Brooklyn. The defendant *378the city of New York had prior to that date entered into a contract with the other defendant, Flinn-O’Rourke Company, Inc., for the construction of the Whitehall Street-East River-Montague Street subway. By this contract the defendant city of New York agreed to put the other defendant, the contractor, in possession of the Montague street slip, as the space between piers Nos. 14 and 15 was then called. For the…
2Cases cited11 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Gibson v. United StatesSupreme Court of the United States · 1897
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Lewis Blue Point Oyster Cultivation Co. v. BriggsSupreme Court of the United States · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- New York Dock Co. v. . Flinn-O'rourke Co., Inc.New York Court of Appeals · 1922
- Appleby v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1927
- New York Dock Co. v. Flinn-O'Rourke Co.New York Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.