Barber Asphalt Paving Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, 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 19th day of February, 1910, 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 February, 1910, denying the defendant’s motion for ■ a new trial made xipon the minutes.
1Opinion of the Court
Dowling, J.:
The contract between plaintiff and defendant was entered into on J uly 29,1901, and provided for the regulating and repaving with asphalt pavement of Broadway, from Fourteenth street to Canal street, in the city of New York. The period of maintenance therein provided was ten years,- and the percentage retained as security for ' full performance by the contractor was twenty per cent, whereof four per cent was to be returned to him on the expiration of the sixth-year from the acceptance of the work, and four per cent annually thereafter. - The work ¿was accepted December 2, 1901,…
2Cases cited1 opinion
- Mack Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Mack Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911