F. V. Smith Contracting Co. v. City of New York
New York Supreme Court
Demurrer to separate defense in an answer for insufficiency.
1Opinion of the CourtWhitney, J.
The work in question was ordered, and the expenditure therefor duly recognized and appropriated by the board of the appropriate department. The amount involved was less than $1,000. Hence the provisions of section 419 of the Greater Yew York chartér were complied with. Section 149, however, as amended in 19'01, seems to *133require all such claims to be audited iu the department of finance before they can be recovered upon in an -action at law. Construing the two sections together, and bearing in mind that the provisions of section 149 -are later in date, it would seem to result that any…
2Cases cited5 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- City of New York v. . MatthewsNew York Court of Appeals · 1904
- Patterson v. PowellAppellate Terms of the Supreme Court of New York · 1900
- Richmond County Society for Prevention of Cruelty To Children v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Borough Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Pallott v. Elaborated Ready Roofing Co.New York Supreme Court · 1931
- Zacharkow v. BerryAppellate Division of the Supreme Court of the State of New York · 1933