Legal Opinion

Uvalde Asphalt Paving Co. v. City of New York

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

Decided May 13, 1921PublishedCited by 8 opinions

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 20th day of November, 1919, on a verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes, and granting plaintiff’s motion for an…

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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 20th day of November, 1919, on a verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes, and granting plaintiff’s motion for an additional allowance.

1Opinion of the Court

Greenbaum, J.:

This action arises out' of a contract made between the parties on September 11, 1902, for the construction of the Grand Concourse from One Hundred and Sixty-first street to Mosholu Parkway in the borough of The Bronx. The complaint sets forth two causes of action: the first for moneys alleged to have been earned under the contract, and the second for damages for the defendant’s alleged breach of the contract.

The trial court directed a verdict for the plaintiff as prayed for in the first cause of action for the full amount thereof with interest, making a total of $42,484.43.

So…

2Cases cited8 opinions

  1. Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
  2. Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  3. Lentilhon v. . City of New YorkNew York Court of Appeals · 1906
  4. Long Island Contracting & Supply Co. v. City of New YorkNew York Court of Appeals · 1912
  5. Thilemann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

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

3Cited by8 opinions

  1. Berley Industries, Inc. v. City of New YorkNew York Court of Appeals · 1978
  2. American Bridge Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1935
  3. Shore Bridge Corp. v. StateNew York Court of Claims · 1946
  4. Degnon Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
  5. Odell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1923

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

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