Von Lengerke v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Justus Von Lengerke and another, copartners, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of June, 1910, as dismisses the complaint by direction of the court after a trial at the New York Trial Term • as to the defendants Otto M. Eidlitz and another, individually and as copartners..
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Appeal by the plaintiffs, Justus Von Lengerke and another, copartners, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 30th day of June, 1910, as dismisses the complaint by direction of the court after a trial at the New York Trial Term • as to the defendants Otto M. Eidlitz and another, individually and as copartners.. Also separate appeals by the defendants, James Pilkington and The City of New York, from the s'aid judgment of the Supreme Court in favor of the plain- ■ tiffs and against said defendants, entered upon…
1Opinion of the Court
McLaughlin, J.:
In 1905 the defendants Eidlitz,. as general contractors, were engaged in erecting a large building between Thirty-fourth and Thirty-fifth streets on the east side of Fifth avenue in the city of New York. In carrying out the contract it became necessary for them, in order to make proper sewer connections with the building to be erected, to dig a tunnel under the roadbed of Fifth avenue parallel to the curb from about the center of the building to be erected to a point some sixty feet south of Thirty-fourth street. To do this work they sublet a contract to one Byrne, who, in…
2Cases cited15 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
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3Cited by18 opinions
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- Bankers Trust Co. v. ZecherNew York Supreme Court · 1980
- Jarl Co. v. Village of Croton-On-HudsonNew York Court of Appeals · 1932
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