Gearty v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from a judgment, entered June 22, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and directing judgment dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered June 22, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and directing judgment dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment dismissing the complaint is a judgment upon a non-suit, and may be reviewed by this court. (Ware v. Dos Passos, 162 N. Y. 281; Higgins v. Eagleton, 155 N. Y. 466; Place v. N. Y. C. & H. R. R. R. Co., 167 N.…
1Opinion of the CourtBartlett, J.
The plaintiff, on the eighteenth day of May, 1895, entered into a contract with the mayor, aldermen and commonalty of the city of New York, to regulate, set curb' stones and pave with granite block pavement with concrete foundation the roadway or Transverse road Nq. 4, crossing Central Park at Ninety-seventh street from Fifth avenue to Central Park West (Eighth avenue). This is one of the underpass roads crossing Central Park from east to west.
The complaint contains two causes of action: (1) To recover the sum of $440.00 alleged to have been unlawfully deducted for overtime. (2) To recover…
2Cases cited10 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Russell v. . AllertonNew York Court of Appeals · 1888
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3Cited by51 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Nicholas Di Menna & Sons, Inc. v. City of New YorkNew York Court of Appeals · 1950
46 more not listed; retrieve them via the Exa API.