Coyne v. Town of Greenburgh

This is an action in equity which was commenced by Francis T. Holder, plaintiff’s testator, in the year 1904. The plaintiff Coyne, his surviving executor, was subsequently substituted as party plain*600tiff by an order of the court. The action arises but of a contract between the Warbnrton avenue extension commission, so called, and Pennell & 0 ’Hern, contractors, under chapter 493, Laws of 1892, for the extension of Warbnrton avenue, in the town of Green-burgh, from the north line of the city and town of Yonkers to the village of Hastings. Francis T. Holder was the contractors’ assignee.

The…