Becker v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to recover for losses suffered on account of mistakes in grades furnished the contractor by the city surveyor.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to recover for losses suffered on account of mistakes in grades furnished the contractor by the city surveyor. (Cluff v. Day, 141 N. Y. 580; Roberts & Co. v. Buckley, 145 N. Y. 215; Matter of Laudy, 161 N. Y. 429; Wickham v. L. V. R. R.…
1DissentMartin, J.
The plaintiff’s testator was the assignee of a claim of one Benjamin J. Carr, Junior, arising under a contract made between him and the city of New York in 1889, for regulating and grading Claremont avenue from 122d street to 127th street. This action has been several times tried and was before this court on a former appeal. Although numerous questions were presented upon the argument and by the briefs of counsel, yet, in view of our previous decision in this case, but a single question is presented which we deem it necessary to consider at this time. The question we shall consider arises…
2Cases cited11 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Moore v. . MayorNew York Court of Appeals · 1878
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
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