Mulcahy & Gibson, Inc. v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, National Surety Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 2d day of March, 1915, setting aside the verdict of a jury in defendant’s favor and granting a new trial.
1Opinion of the Court
Hotchkiss, J.:
The plaintiff was a subcontractor under the principal contractor for painting the elevated steel structure of portions of the subway railroad in Queens county, and one Richman was a subcontractor for the work under the plaintiff. A clause of the contract provided that if the contractor should abandon the work, or should refuse or neglect to prosecute it with a force sufficient in the opinion of the principal to insure its completion within a certain time, or if the work should not be done according to contract, the principal should by a three days’ written notice have the right…
2Cited by3 opinions
- Harris v. H. W. Gossard Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Landau v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1939
- Mulcahy & Gibson v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915