Legal Opinion

City of New York v. McCarthy

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1916PublishedCited by 7 opinions

Appeal by the plaintiff, The City of New. York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of December, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of December, 1914, denying plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is an action to recover damages for breaches of covenants with respect to repairing Eivington Street pier, No. 50, on the East river, contained in a lease in writing between the parties made on the 15th day of November, 1901, by which the plaintiff leased to the defendant the pier and the bulkhead between it and the Eivington Street pier north, No. 51, together with the new-made land in the rear of the bulkhead under the jurisdiction of the department of docks and ferries, for the period of ten years from the 1st day of December, 1901, for the annual rental of $2,100. There…

2Cases cited8 opinions

  1. Appleton v. . MarxNew York Court of Appeals · 1908
  2. Herald Square Realty Co. v. . Saks Co.New York Court of Appeals · 1915
  3. Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
  4. May v. . GillisNew York Court of Appeals · 1901
  5. Butler v. . KidderNew York Court of Appeals · 1881

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3Cited by7 opinions

  1. Shapiro v. D. H. Overmyer Co. (In Re D. H. Overmyer Co.)United States Bankruptcy Court, S.D. New York · 1981
  2. Holden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1924
  3. World Exhibit Corp. v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
  4. Farrell Lines, Inc. v. City of New YorkNew York Supreme Court · 1970
  5. Ridder v. Mutual Paper Co.Appellate Terms of the Supreme Court of New York · 1925

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