Asphalt Paving & Contracting 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 28th day of November, 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 21st day of November, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
The judgment and order appealed from will be affirmed, with costs, upon the grounds stated in the opinion in action No. 2, between the same parties (149 App. Div. 622), and upon the further ground that under the amended pleadings in this action defendant claimed that it had given notice to make the repairs in question to the Barber Asphalt Company as assignee of the Warren-Scharf Asphalt Paving Company. It was the defendant’s contention that the Barber Company was acting as such assignee, but it utterly failed to sustain its contention by proof, and the verdict was, therefore,…
2Cases cited1 opinion
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- In re Interstate Paving Co.District Court, N.D. New York · 1912
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914