Oscar Daniels Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Oscar Daniels Company, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 4th day of January, 1919, upon the dismissal of the complaint in part by direction of the court at the close of the plaintiff’s case, and upon the verdict of a jury in part in its favor, and also from an. order entered in said clerk’s office on the 7th day of January, 1919, denying plaintiff’s motion to set aside…
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Appeal by the plaintiff, Oscar Daniels Company, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 4th day of January, 1919, upon the dismissal of the complaint in part by direction of the court at the close of the plaintiff’s case, and upon the verdict of a jury in part in its favor, and also from an. order entered in said clerk’s office on the 7th day of January, 1919, denying plaintiff’s motion to set aside the direction dismissing the complaint in part and to set aside the verdict of the jury as to certain items, made upon…
1Opinion of the Court
Laughlin, J.:
The action is for an alleged balance due and owing to the plaintiff for work, labor and services performed and materials furnished under a contract made between the plaintiff and defendant on the 13th of September, 1911, for the construction of section No. 12 of route No. 5 of the Lexington avenue subway from a point 70 feet south of One Hundred and Sixth street to a point 115 feet south of One Hundred and Fifteenth street. It is not disputed that the contractor fully performed the contract. The points in controversy do not, as is often the case, relate to work required to be…
2Cases cited11 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Merrill-Ruckgaber Company v. United StatesSupreme Court of the United States · 1916
- Burke v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
- Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.Appellate Division of the Supreme Court of the State of New York · 1967
- Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
- McGovern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.