Gearty v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the. plaintiff, James A. Gearty, and the defendant, The Mayor, Aldermen and Commonalty of the.City-of New York, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of June, 1907, upon the verdict of a jury in favor of the plaintiff upon the first cause of action, and in favor of the defendant upon the second cause of action; also an appeal by the defendant from an order entered in said clerk’s…
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Cross-appeals by the. plaintiff, James A. Gearty, and the defendant, The Mayor, Aldermen and Commonalty of the.City-of New York, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of June, 1907, upon the verdict of a jury in favor of the plaintiff upon the first cause of action, and in favor of the defendant upon the second cause of action; also an appeal by the defendant from an order entered in said clerk’s office on the 26th day of October, 1908, denying the defendant’s motion for a new trial on the first cause of action, and…
1Opinion of the Court
Dowling, J.:
Plaintiff on May 18, 1895, made a written contract with defendant for the regulating, curbing and paving with granite block pavement on a concrete foundation of the transverse road in Central Park at Ninety-seventh street from Fifth to Eighth avenues. After completion had progressed to the extent of about 1,750 linear feet of concrete construction out of a total length of 2,750 feet, and on or about July 24, 1895, the engineer of the department of parks rejected the work theretofore done, with the exception of the grading and curbsetting, and ordered the plaintiff to take up and…
2Cases cited2 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Gearty v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Wapnik v. Argonne Hat Works, Inc.City of New York Municipal Court · 1926