Legal Opinion

W. A. Brockhurst Co., Inc. v. City of Yonkers

New York Supreme Court

Decided November 15, 1933PublishedCited by 5 opinions

1Opinion of the CourtMorschauser, J.

In this action the plaintiff and various defendants seek to foreclose thirty-seven liens against the city of Yonkers and the board of education of the city of Yonkers arising out of the general contract made with Kenneth MacKay & Co., Inc., general contractor, for the construction of the Longfellow Junior High School.

The contract price was $654,113.65. By omissions this was reduced to $652,879.32. Against this sum, the defendant city is credited with undisputed payments amounting to $550,828.89, leaving a balance of $102,050.43. From this balance should be deducted the fair and reasonable…

2Cases cited5 opinions

  1. Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
  2. Bader v. City of New YorkNew York Supreme Court · 1906
  3. Delany v. CarpenterNew York Supreme Court · 1909
  4. Delany v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1909
  5. Kelly v. FergusonAppellate Division of the Supreme Court of the State of New York · 1923

3Cited by5 opinions

  1. Biondo v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1963
  2. Barclay v. Corn Exchange Bank Trust Co.New York Supreme Court · 1934
  3. N. W. Developers, Inc. v. Jeremiah Burns, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Hernandez v. First Nat. Bank & Trust Co.District Court, S.D. New York · 1939
  5. W. A. Brockhurst Co. v. City of YonkersNew York Supreme Court · 1942

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