Asserson v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry R Asserson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of February, 1919, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 11th day of February, 1919, denying a motion to set aside the dismissal of the complaint and for a new trial made upon the…
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Appeal by the plaintiff, Henry R Asserson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of February, 1919, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 11th day of February, 1919, denying a motion to set aside the dismissal of the complaint and for a new trial made upon the minutes. The action was brought by the assignee of a contractor to recover the amount unpaid upon the contract price…
1Opinion of the Court
Blackmar, J.:
The plaintiff, as his complaint was formulated, assumed the burden of showing that the engineer’s certificate, in accordance with which it was alleged that the city had deducted the penalty for delay, proceeded upon a misconstruction of the terms of the contract and was in certain respects unreasonable and arbitrary. The plaintiff introduced much evidence tending to show that his assignor was entitled to be credited with certain delays, and in two particulars, without considering them all, he *14was correct. There was evidence tending to show that the change in the method of tamping…
2Cited by7 opinions
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- Charles v. ScheibelNew York Supreme Court · 1926
- Mohawk Carpet Mills, Inc. v. StateNew York Court of Claims · 1940
- Central Islip Cooperative G. L. F. Service, Inc. v. TsantesAppellate Division of the Supreme Court of the State of New York · 1962
- Cone Mills Corp. v. BeckerNew York Supreme Court · 1971
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