Dean v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1900, affirming a judgment in favor of defendant' entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1900, affirming a judgment in favor of defendant' entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to recover the damages sustained by being prevented from doing all the work required by his contract and necessary to regulate and grade the whole of Dyckman street from the Hudson river to Exterior street, and it was error to exclude the…
1Opinion of the CourtGray, J.
The plaintiff has sued the city of Hew York upon three causes of action arising out of a contract between them for the regulating, grading, curbing, etc., by the former of Dycktnan street. The first cause of action stated in the complaint was for a balance due the plaintiff for work done under the contract. The second cause of action was for extra work, and the third cause of action was a claim to recover damages by reason of the plaintiff’s not having been permitted to complete all the work to be done by him under the contract. The defense made by the city to the first cause of action, in…
2Cases cited2 opinions
- Smith v. FlandersMassachusetts Supreme Judicial Court · 1880
- Sullivan v. President & Trustees of the Village of Sing SingNew York Court of Appeals · 1890
3Cited by12 opinions
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Neumann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Oberg v. City of Los AngelesCalifornia Court of Appeal · 1955
- Beckwith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- McGarry Contracting Co. v. Board of Education of New YorkNew York Court of Appeals · 1940
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