Legal Opinion

Ryan v. City of New York

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

Decided July 13, 1917PublishedCited by 4 opinions

Appeal by the plaintiff, Patrick Ryan, from a judgment of the Supreme Court in his favor, entered in the office of the clerk of the county of New York on the 31st day of October, 1914, upon the verdict of a jury, and also from an order entered . in said clerk’s office on the 29th day of October, 1914, denying plaintiff’s motion for a new trial as to the verdict for defendant on an item for sheeting and foundation timbers and to set aside the court’s direction dismissing the…

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Appeal by the plaintiff, Patrick Ryan, from a judgment of the Supreme Court in his favor, entered in the office of the clerk of the county of New York on the 31st day of October, 1914, upon the verdict of a jury, and also from an order entered . in said clerk’s office on the 29th day of October, 1914, denying plaintiff’s motion for a new trial as to the verdict for defendant on an item for sheeting and foundation timbers and to set aside the court’s direction dismissing the complaint as to certain other items.

1Opinion of the Court

Shearn, J.:

The contract was between plaintiff’s assignor and the defendant for the construction of a public improvement, an extension of the Riverside Drive from the old viaduct over Manhattan valley (One Hundred and Thirty-fifth street) to One Hundred and Forty-fifth street. The contract was executed on or about December 7, 1903, and was fully performed. Concerning the items involved in the dismissal, the plaintiff complained that the work was needlessly delayed by the defendant, to the damage of plaintiff’s assignor; that increased cost was imposed upon the contractor due to the…

2Cases cited1 opinion

  1. O'Keeffe v. . City of New YorkNew York Court of Appeals · 1903

3Cited by4 opinions

  1. A. H. Barbour & Son, Inc. v. State Highway CommissionOregon Supreme Court · 1967
  2. Quinn-Meissner, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1944
  3. County Asphalt, Inc. v. StateNew York Court of Claims · 1969
  4. Rapid Transit Subway Construction Co. v. City of New YorkNew York Supreme Court · 1927

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