People Ex Rel. Dady v. . Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant °to take action under section 246 of the charter of the city of New York concerning a claim made by the relator against said municipality. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant °to take action under section 246 of the charter of the city of New York concerning a claim made by the relator against said municipality. The facts, so far as material, are stated in the opinion. Section 246 of the charter confers upon the hoard of estimate and apportionment and the comptroller of the city of New York uncontrollable authority to pay…
1Opinion of the CourtHiscok, J.
The relator entered into two valid and binding contracts with the city of Eew York to perform work and furnish materials for the purpose of perfecting or extending its water supply. In connection with the performance of these contracts he was ordered by an official of the engineering department to do certain other work and furnish other materials, which he did, but owing to the failure to comply with statutory provisions governing such matters no valid and binding contract arose between the relator and the municipality for the last-mentioned work and materials. It has been conceded that they…
2Cited by10 opinions
- Jackson v. State of New YorkNew York Court of Appeals · 1933
- Kilroe v. CraigAppellate Division of the Supreme Court of the State of New York · 1924
- Matter of Shaddock v. SchwartzNew York Court of Appeals · 1927
- People ex rel. New York Edison Co. v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Nolan v. PrendergastNew York Supreme Court · 1914
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