Pennell v. The Mayor, Aldermen & Commonalty of the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the-clerk of the county of New York on the 23d day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of November, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, J.:
The judgment awards to the plaintiffs $5,000 as damages, because of the refusal of the defendant to permit them to execute a contract *456which the plaintiffs claim was awarded to them by the commissioner of public works.
• The undisputed facts are, that the common council of the city of New York, on the 20th of November, 1894, passed an. ordinance for the paving, of the roadway of Kingsbridge road, from One Hundred and Ninetieth street to the Harlem river, with Macadam pavement and Telford foundations. The advertisements for proposals for doing the work were duly published by or under…
2Cases cited1 opinion
- Lynch v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Beckwith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- State v. JohnsonAlaska Supreme Court · 1989
- Warren S. Martin v. Morse Boulger Destructor CompanyCourt of Appeals for the Second Circuit · 1955
- Prosper Contracting Corp. v. Board of EducationAppellate Terms of the Supreme Court of New York · 1973