Wanamaker v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Wanamaker, New York, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of February, 1920, as dismisses the complaint as against the defendant Dock Contractor Company. Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in said clerk’s office on the same day on the verdict of a jury.
1Opinion of the Court
Page, J.:
The Dock Contractor Company had a contract for the construction of that portion of the new Broadway subway which is in front of the department store of the plaintiff. In *443connection therewith it relocated and rebuilt the sewer which, prior to the construction of the subway, was located in the center of Broadway. In accordance with the plans and specifications prepared by the engineers of the Public Service Commission, which were submitted to the chief engineer in charge of sewers of the city of New York, this sewer was relocated to run behind the wall of the subway close to the…
2Cases cited5 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Schmidt v. . City of New YorkNew York Court of Appeals · 1920
- Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- O'Brien v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Gibney v. Rodgers & Hagerty, Inc.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Ryan v. Feeney & Sheehan Building Co.New York Court of Appeals · 1924