Legal Opinion

Gearty v. Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 2 opinions

Motion for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Yew York Trial Term.

1Opinion of the Court

Hatch, J.:

This action was brought to recover the sum of $440, the amount of moneys deducted for overtime penalty by the defendant from the amount earned by the plaintiff under a contract with the city of Yew York for regulating and paving transverse ■ road Yo. 4, crossing Central Park in said city, and the further sum of $10,000 damages and increased cost, averred to have been occasioned by the breach of the contract and the wrongful acts of the defendant, its officers and agents, in the prosecution of the work.

It is averred by the plaintiff for a first cause of action that, on the 18th day…

2Cases cited6 opinions

  1. Smith v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
  2. Byron v. . LowNew York Court of Appeals · 1888
  3. Phelan v. Mayor of New YorkNew York Court of Appeals · 1890
  4. Newell v. Mayor of New YorkNew York Supreme Court · 1891
  5. Slattery v. MayorAppellate Division of the Supreme Court of the State of New York · 1898

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

3Cited by2 opinions

  1. Gearty v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  2. General Supply & Construction Co. v. GoeletAppellate Division of the Supreme Court of the State of New York · 1924

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