Continental Asphalt Paving Co. v. Hudson
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, the Continental Asphalt Paving Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court upon the pleadings on a trial at the New York Trial Term on the 7th day of November, 1910.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, in pursuance of a contract with the city of New York, furnished and laid a twelve-inch high pressure fire service main in Eighteenth street, between Sixth and Seventh avenues. Before the same had been formally turned over to and accepted by the city it was damaged by a sub-contractor of the defendant, and this action was brought to recover therefor. At the trial before any evidence had been taken, upon the complaint and opening, defendant moved for judgment dismissing the complaint. The motion was granted, and an exception taken, which was ordered to be - heard…
2Cases cited9 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Abbott v. . EastonNew York Court of Appeals · 1909
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Rochester Telephone Co. v. . RossNew York Court of Appeals · 1909
- Cook v. DeanAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Necaro Co. v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1927
- Francis C. Neale, Inc. v. New York Steam Co.Appellate Division of the Supreme Court of the State of New York · 1911