Lentilhon v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Eugene Lentilhon, for a new trial upon a case containing^ exceptions, ordered to be heard at the Appellate: Division in the first instance, upon the dismissal of the complaint at: the close of the plaintiff’s case after a trial at the Yew York Trial Term in May, 1904. The complaint contains three counts for damages for breach of contract made between the plaintiff, a contractor, and the president of the department of parks, on the 2d day of June,…
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Motion by the plaintiff, Eugene Lentilhon, for a new trial upon a case containing^ exceptions, ordered to be heard at the Appellate: Division in the first instance, upon the dismissal of the complaint at: the close of the plaintiff’s case after a trial at the Yew York Trial Term in May, 1904. The complaint contains three counts for damages for breach of contract made between the plaintiff, a contractor, and the president of the department of parks, on the 2d day of June, 1899, for the removal of the Forty-second street reservoir walls and the excavation of the foundation for the new library…
1Opinion of the Court
Laughlin, J.:
The plaintiff has been paid in full according to the contract. The object of this action is the recovery of damages for alleged breaches of the contract. The learned counsel for the city contends at the outset that the plaintiff has mistaken his remedy, and that the city is not liable inasmuch as the work was performed under a special act of the Legislature by which the city acted, so far as it acted at all, as the agent of the State. The special act is chapter 556 of the Laws of 1897.
Section 1 of the act recites that the reservoir site has been added to Bryant park, and it…
2Cases cited11 opinions
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Dean v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1901
- Dwyer v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Langley v. . RoussNew York Court of Appeals · 1906
- City of Dallas v. ShortallTexas Supreme Court · 1938
- Molloy v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1911
- Walter v. McClellanAppellate Division of the Supreme Court of the State of New York · 1906
17 more not listed; retrieve them via the Exa API.