Legal Opinion

Rose v. Low

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

Decided July 1, 1903PublishedCited by 9 opinions

Appeal by the defendants, Seth Low, as mayor of the city of Yew York, and others, from an order of the Supreme Court, made at the Yew York . Special Term-and entered in the office of. the clerk.of the county of Yew York on the 2d day of June, 1903, granting the plaintiff’s motion for an injunction ¡pendente lite.

1Opinion of the Court

Ingraham, J.:

The plaintiff, a taxpayer of the city of Y ew York, seeks to restrain the defendants from making a contract based upon proposals for ' regulating, paving and repaving with “ Bitulithic Pavement,” otherwise known as “ Warren’s Bituminous Water-proof Pavement,”1 Seventh avenue, in the city of Yew York, upon the ground that this pavement was a patent pavement, and that the charter of the A city of Yew York prohibited the laying of the patent pavement in the city of Yew York, The proposals asking for bids provided that “ Sealed bids or estimates will be received by the President of…

2Cited by9 opinions

  1. Warren Brothers Co. v. . City of New YorkNew York Court of Appeals · 1907
  2. J. Weinstein Building Corp. v. ScovilleNew York Supreme Court · 1931
  3. Kay v. MonroeAppellate Division of the Supreme Court of the State of New York · 1904
  4. Barber Asphalt Paving Co. v. WillcoxNew York Supreme Court · 1903
  5. Hastings Pavement Co. v. CromwellNew York Supreme Court · 1910

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