Asphalt Paving & Contracting Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Asphalt Paving and Contracting Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of November, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of November, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
On June 24, 1896, a contract in writing was executed between the mayor, aldermen and commonalty of the city of *624New York, parties of the first part, and the Warren-Scharf Asphalt Paving Company, party of the second part, for the regulating and paving with asphalt pavement, on the then existing pavement, of the carriageway of First avenue from Twentieth street to One Hundred and Ninth street (with certain exceptions) in the city of New York. The contractor, in consideration of the price to be paid it for the work, agreed among other things that it would “maintain the said work in…
2Cases cited5 opinions
- Cunningham v. GlauberAppellate Division of the Supreme Court of the State of New York · 1909
- Mack Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- O'Keeffe v. . City of New YorkNew York Court of Appeals · 1903
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Asphalt Paving & Contracting Co. v. City of New YorkNew York Supreme Court · 1910
3Cited by13 opinions
- George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
- Northern Properties, Inc. v. Kuf Realty Corp.New York Supreme Court · 1961
- George W. Luft Co. v. Zande Cosmetic Co.District Court, S.D. New York · 1942
- In Re Bonnie Classics, Ins.District Court, S.D. New York · 1953
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
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