Burke v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Burke, from a judgment of' the Supreme Court in favor of the defendant, entered in the office of the clerk of the coimty of Hew York on the 21st day Of May, 1S96, upon the dismissal of the complaint, directed by the court, after a trial before the court and a jury.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by the plaintiff, as assignee of William J. Kelly, to recover the balance alleged to be due upon a contract *129for paving, flagging and curbing One Hundred and Fifty-first street in the city of New York, between Cortlandt and Railroad avenues. The answer admitted the performance of the work under the contract, and alleged that payment was dependent upon the engineer’s final certificate, and that an engineer’s final certificate had been given which did not include the items for which a recovery is claimed in this action; and, further, that they were not…
2Cited by19 opinions
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
- BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
- Molloy v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1911
- Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.Appellate Division of the Supreme Court of the State of New York · 1967
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