Necaro Co. v. Eighth Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMartin, J.
The plaintiff seeks to recover the fair and reasonable cost of work performed and materials furnished in shoring up, protecting and supporting the tracks and property of the defendant at the intersection of Clarkson and Hudson streets in the borough of Manhattan, city of New York. At that location the city constructed a sewer which runs underneath an electric street railroad maintained and operated by defendant.
In order to properly construct the sewer and to perform plaintiff’s contract with the city, it became necessary to shore up, protect and support said structure and tracks.
The contract…
2Cases cited6 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Western Union Telegraph Co. v. Electric Light & Power Co.New York Court of Appeals · 1904
- Brooklyn Elevated Railroad v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- City of New York v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Interborough Rapid Transit Co. v. GallagherNew York Supreme Court · 1904
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3Cited by5 opinions
- General Contractors Ass'n v. TormentaAppellate Division of the Supreme Court of the State of New York · 1999
- Paterno & Sons, Inc. v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1976
- New York Telephone Co. v. City of New YorkNew York Supreme Court · 1981
- Corbetta Construction Co. v. Consolidated Edison Co.New York Supreme Court · 1962
- General Contractors Ass'n of New York, Inc. v. TormentaNew York Supreme Court · 1999