Thilemann v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Frederick Thilemann, Jr., and another against the city of New York. From a judgment in favor of plaintiffs for less than the relief demanded, and from an order denying a motion for a new trial and for a reargument, plaintiffs appeal.
1Opinion of the CourtO’Brien, J.
The plaintiff seeks to recover upon five separate ■causes of action based upon claims which arose in the course of his performance of a contract entered into with the city of New York whereby he agreed to construct a sewer in East 187th street and in ■adjoining streets and avenues. For the work performed a certificate was given to the plaintiff amounting in the aggregate to the sum of $66,533.14, of which he was paid $63,372.67, the sum of $2,611.47 being retained as repairing security, and the sum of $549 being deducted by the city as damages for overtime. The plaintiff’s first cause of…
2Cases cited3 opinions
- Weeks v. . LittleNew York Court of Appeals · 1882
- Phelan v. Mayor of New YorkNew York Court of Appeals · 1890
- Dady v. Mayor of New YorkNew York Supreme Court · 1890
3Cited by3 opinions
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Callan v. PeckSupreme Court of Rhode Island · 1914
- Shea v. City of Los AngelesCalifornia Court of Appeal · 1935