Standard Sand & Gravel Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Royal Company of New York, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 8th day of July, 1915, upon the decision of the court after a trial at the New York Special Term,’ as adjudges that its claim is subordinate to liens filed herein by the plaintiff and the defendant Fredenburg & Lounsbury.
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Appeal by the defendant, The Royal Company of New York, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 8th day of July, 1915, upon the decision of the court after a trial at the New York Special Term,’ as adjudges that its claim is subordinate to liens filed herein by the plaintiff and the defendant Fredenburg & Lounsbury. Appeal by the defendant, Hildreth Granite Company, from so much of said judgment as adjudges that the lien of the Royal Company of New York upon the…
1Dissent
Lauohlin, J. (dissenting):
On the 23d day of July, 1913, the city of New York entered into a contract in writing with the Acme Asphalt and Granite Paving Company for regulating and repaving Second avenue from Sixtieth street to Sixty-first street, and from Sixty-third street to Seventy-fourth street, borough of Manhattan, New York. An abstract of the contract contained in the record shows that the estimated cost of the work was $90,870, and that by the terms of the contract ninety per cent was to be paid in installments on engineer’s certificates as the work progressed, and the balance was to…
2Cases cited14 opinions
- Lauer v. . DunnNew York Court of Appeals · 1889
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
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