O'Rourke Engineering Construction Co. & Duit, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKapper, J.
Plaintiff O’Rourke Engineering Construction Company had a contract with the city of New York for sewer work in the borough of Queens. It assigned, with the consent of the city, a portion of the work to John J. Creem.
The complaint contains two causes of action; the first, a claim of the O’Rourke Company for damages alleged to have arisen by reason of the delay of the city in making payments under the contract when due, and for excess grout used in the carrying on of the work; the second is a claim by Creem for damages also alleged *262to have been caused by the city’s delay in making payments when…
2Cases cited10 opinions
- Loudon v. Taxing DistrictSupreme Court of the United States · 1882
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
- Allamon v. Mayor of AlbanyNew York Supreme Court · 1864
- Mercantile Factors Corp. v. Warner Bros. Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
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3Cited by2 opinions
- Meinrath v. Singer Co.District Court, S.D. New York · 1980
- Parkway Windows v. River Tower AssociatesAppellate Division of the Supreme Court of the State of New York · 1985