Thilemann v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frederick Thilemann, Jr., and another, from a judgment of the Supreme Court, entered in the office of the clerk of the county of ■ New York on the 29th day of April, 1902, upon the dismissal of the complaint by direction of the court as to the second, third and fifth causes of action, after a trial-at the New York Trial Term, and upon the verdict of a jury in favor of the defendant upon the first cause of action and in favor of the plaintiffs upon…
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Appeal by the plaintiffs, Frederick Thilemann, Jr., and another, from a judgment of the Supreme Court, entered in the office of the clerk of the county of ■ New York on the 29th day of April, 1902, upon the dismissal of the complaint by direction of the court as to the second, third and fifth causes of action, after a trial-at the New York Trial Term, and upon the verdict of a jury in favor of the defendant upon the first cause of action and in favor of the plaintiffs upon the fourth cause of action contained in plaintiffs’ complaint; also from an order entered in said clerk’s office on the…
1Opinion of the Court
O’Brien, J. :
The plaintiff seeks to recover upon five separate causes of action, based upon claims which arose in the course of his performance of a contract entered into with the city of New York, whereby he agreed to construct a sewer in East One Hundred and Eighty-seventh street and in adjoining streets and avenues.
For the work performed a certificate was given to the plaintiff, amounting in the aggregate to the sum of $66,633.14, of which he was paid $63,372.67, the sum of $2,611.47 being retained as repairing security, and the sum of $549 being deducted by the city as damages for…
2Cases cited3 opinions
- Weeks v. . LittleNew York Court of Appeals · 1882
- Dady v. Mayor of New YorkNew York Supreme Court · 1890
- Rogers v. . City of New YorkNew York Court of Appeals · 1903
3Cited by8 opinions
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Mechanics' Bank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- New Again Construction Co. v. City of New YorkNew York Supreme Court · 1974
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Shea v. City of Los AngelesCalifornia Court of Appeal · 1935
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