City of New York v. Continental Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Continental Asphalt Paving Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of January, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 23d day of January, 1914, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an action against a street paving company and its sureties for damages resulting from an alleged failure of the paving company to comply with the terms of its contract with the city as to keeping the pavement laid by it in repair.
The contract was dated April 13,1903, and provided for paving with asphalt pavement Twenty-third street from Avenue A *487to Broadway in the city of New York. By its terms the contractor was required to begin the work on such date as the president of the borough shall notify it to begin. The work was accordingly begun in the latter part of September or…
2Cases cited2 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Town of Tonawanda v. Stapell, Mumm & Beals Corp.New York Supreme Court · 1933