Long Island Contracting & Supply Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1910, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the sum of $20,000 as damages for the breach by the defendant of its contract with the plaintiff, whereby the latter agreed, for a consideration to be paid by the former, to regulate, grade, curb and lay sidewalks and crosswalks on Ditmars avenue, between Steinway avenue and the Shore road. This section of Ditmars avenue was a new street in process of construction…
1Opinion of the CourtVann, J.
Among the specifications attached to the contract and made a part thereof were the following:
“ 4. All old material which will not be used in the work, excepting bridge stone and specification paving stone, shall become the property of the contractor and be removed by him * * *. ”
“ 8. All materials of every description, earth, rock, subsoil, vegetable or other matter, brick and stone masonry, overlying the sub-grade hereinafter described shall be removed. * * The cost of grubbing up and removing any trees, shrubbery, fences, timber, pipes, rubbish or filth shall be included in the price bid…
2Cases cited1 opinion
- United States v. BehanSupreme Court of the United States · 1884
3Cited by10 opinions
- Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
- Slattery v. CothranAppellate Division of the Supreme Court of the State of New York · 1924
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Goldberg v. E.W. Tompkins Co. (In Re U.S. Air Duct Corp.)District Court, N.D. New York · 1984
- Alm v. Unified Church Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
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