Legal Opinion

Molloy v. . City of New Rochelle

New York Court of Appeals

Decided May 10, 1910PublishedCited by 43 opinions

Appeal from a judgment entered January 30, 1908, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which overruled plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and directed a dismissal of the complaint.

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Appeal from a judgment entered January 30, 1908, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which overruled plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and directed a dismissal of the complaint. The defendant’s charter provides: “ Whenever any expenditures to be made or incurred by the common council or city board or any city officer in behalf of the city for work to be done, or materials or supplies tobe furnished, * * * shall exceed two hundred dollars, the city clerk shall advertise for and…

1Opinion of the CourtChase, J.

Provisions similar to the one in the defendant’s charter from which we have quoted are common in municipal charters everywhere. Such provisions are intended to prevent favoritism. They result from an effort to prevent official action being influenced by improper motives. The same effort to prevent improper official action finds expression in the Village Law (section 332), the General City Law (section 3) and in many municipal charters, where it is provided that an officer therein shall not be directly or indirectly interested in a contract which he, or a board of which he is a member, is…

2Cases cited21 opinions

  1. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
  3. People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
  4. East River Gas-Light Co. v. . DonnellyNew York Court of Appeals · 1883
  5. Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878

16 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Coller v. City of St. PaulSupreme Court of Minnesota · 1947
  2. Fischbach & Moore, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
  3. Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
  4. MA Stephen Const. Co. v. Borough of RumsonNew Jersey Superior Court Appellate Division · 1973
  5. City of Scottsdale v. DeemCourt of Appeals of Arizona · 1976

38 more not listed; retrieve them via the Exa API.

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