Leopold v. City of New York
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Charles Leopold, and by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1917, upon the verdict of a jury, and also an appeal by the defendant, The City of New York, from an order entered in said clerk’s office on the 26th day of April, 1917, denying its motion for a new trial made upon the minutes.
Read the full summary
Cross-appeals by the plaintiff, Charles Leopold, and by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1917, upon the verdict of a jury, and also an appeal by the defendant, The City of New York, from an order entered in said clerk’s office on the 26th day of April, 1917, denying its motion for a new trial made upon the minutes. The plaintiff, Charles Leopold, also appeals from an order entered in said clerk’s office on the 3d day of October, 1917,…
1Opinion of the Court
Smith, J.:
Plaintiff claims as assignee of Bart Dunn, both personally and as executor of the last will and testament of Thomas J. Dunn, deceased. The amount sought to be recovered is the balance due upon a contract for building a sewer in the city of New York, about three miles in length, at a stipulated price of $734,988.16. The contract was signed upon December 13, 1899, and provided for the construction of the sewer within 1,000 inspector days and provided for an allowance to the city of $20 a day as stipulated damages for any delay thereafter. The sewer was not in fact finished until June…
2Cases cited6 opinions
- Weeks v. . LittleNew York Court of Appeals · 1882
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
- Thilemann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Dady v. Mayor of New YorkNew York Supreme Court · 1890
- John A. Roebling's Sons Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1920