Legal Opinion

Thilemann v. City of New York

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

Decided April 17, 1903PublishedCited by 3 opinions

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

  1. Weeks v. . LittleNew York Court of Appeals · 1882
  2. Phelan v. Mayor of New YorkNew York Court of Appeals · 1890
  3. Dady v. Mayor of New YorkNew York Supreme Court · 1890

3Cited by3 opinions

  1. Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  2. Callan v. PeckSupreme Court of Rhode Island · 1914
  3. Shea v. City of Los AngelesCalifornia Court of Appeal · 1935

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