Uvalde Asphalt Paving Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Uvalde Asphalt Paving Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of October, 1903, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover the sum of $4,100, being the balance of the contract price for the removal of snow and ice from certain streets of the city of New York, which was deducted by the city from the final payment upon the ground of a violation of the contract by the plaintiff and pursuant to a liquidated damage clause contained therein.
The referee found that on the 4th day of February, 1901, three inches of snow fell in the city, and before three o’clock in the afternoon the snow inspector, by direction of the commissioner of street cleaning, served notice in writing…
2Cases cited3 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Jackson v. . VolkeningNew York Court of Appeals · 1904
3Cited by7 opinions
- Lum v. AntonelliAppellate Division of the Supreme Court of the State of New York · 1984
- Albin v. First Nationwide Network Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Kelly v. KellyNew York Supreme Court · 1921
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Brewster v. SilversteinAppellate Terms of the Supreme Court of New York · 1912
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