Slattery v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Slattery, from a judgment of the Supreme Court in favor of the defendant, bearing date the 23d day of October, 1897, and entered in the office of the clerk of the county of Hew York upon the dismissal of the complaint as to the third cause of action by direction of the court, after a trial at the Hew York Trial Term; and also from an order bearing date the 18th day of October, 1897, and entered in said clerk’s office, denying the plaintiff’s…
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Appeal by the plaintiff, John Slattery, from a judgment of the Supreme Court in favor of the defendant, bearing date the 23d day of October, 1897, and entered in the office of the clerk of the county of Hew York upon the dismissal of the complaint as to the third cause of action by direction of the court, after a trial at the Hew York Trial Term; and also from an order bearing date the 18th day of October, 1897, and entered in said clerk’s office, denying the plaintiff’s motion to set aside the verdict of a jury rendered in favor of the defendant upon the first and second causes of action,…
1Opinion of the Court
Van Bkunt, P. J.:
This cause of action was to recover damages because the defendant compelled the plaintiff to do the work under a contract in a wrong, erroneous and disadvantageous manner, whereby the cost of the work was largely increased and the plaintiff was put to great loss, damage and expense, and on the ground that this additional expense was caused by the defendant compelling the plaintiff to withdraw certain sheet piling which had been placed to uphold the bank of the sewer while the same was being built.
Among the provisions of the contract were the following : “ The sides of the…
2Cited by2 opinions
- Gearty v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Murphy v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1899