Williams Engineering and Contracting Co. v. City of New York
New York Court of Appeals
Appeal from a judgment, entered March 2, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered March 2, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The failure to file the assignment to the plaintiff- in the offices of the county clerks of New York and Queens in no way affected its validity as between the parties to it and the defendant, as the statute (Laws of 1897, ch. 418, § 1) makes an…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought by the plaintiff as assignee to recover damages for an alleged breach of contract made by the city of New York with plaintiff’s assignor. The defendant not only denied liability, but asserted a counterclaim. The case was sent to a referee who made a report in favor of the plaintiff’s claim and disallowing defendant’s counterclaim, and upon this report a judgment for a large sum was entered in favor of the plaintiff.
Upon the trial before the referee, in addition to other issues involving the merits of plaintiff’s claim and defendant’s counterclaim, there…
2Cases cited1 opinion
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
3Cited by7 opinions
- De Mayo v. Yates Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Amiesite Construction Corp. v. Luciano Contracting & Building Co.New York Court of Appeals · 1940
- Lincoln National Bank v. John Peirce Co.New York Court of Appeals · 1920
- Aird Island, Inc. v. De Paula, New York County Courts1961
- In re KahnAppellate Division of the Supreme Court of the State of New York · 1972
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