H.S. Kerbaugh, Incorporated v. . City of New York

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1917, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was brought to recover a balance shown to be due by the final certificate signed by the engineer in charge for work done under a contract between the plaintiff’s assignor and the city of New York for the construction of portions of the Esopus division of the Catskill aqueduct in Ulster county. The answer set up four defenses, in the last of which the defendant attacked…