People Ex Rel. Wells Newton Co. v. . Craig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 1, 1921, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to execute and deliver a warrant in payment of a claim of relator and denied said motion. This is a proper case for the issue of a peremptory writ of mandamus if the relator is entitled to payment.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 1, 1921, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to execute and deliver a warrant in payment of a claim of relator and denied said motion. This is a proper case for the issue of a peremptory writ of mandamus if the relator is entitled to payment. (Matter of Freel, 148 N. Y. 165; People ex rel. Beck v. Coler, 34 App. Div. 167; People ex rel. Kings Co. Gas Co. v. Schieren, 89 Hun, 220; People ex rel. Rodgers…
1Opinion of the CourtHogan, J.
October 25th, 1915, relator entered into a contract with the board of education of the city of New York, through its committee on buildings, for the installation of a heating and ventilating apparatus in Evander Childs High School, borough of The Bronx, New York city, the same to be completed within one hundred twenty days.
Due to defaults of contractors having in charge the construction of the building, relator was prevented from proceeding with the work under its contract within the time prescribed therein, and for a period of upwards of two years subsequent thereto. About June, 1918, the…
2Cases cited4 opinions
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Johnson v. . City of New YorkNew York Court of Appeals · 1921
- Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by52 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Psaty & Fuhrman, Inc. v. Housing AuthoritySupreme Court of Rhode Island · 1949
- Matter of Divisich v. MarshallNew York Court of Appeals · 1939
- Ace Stone, Inc. v. Township of WayneSupreme Court of New Jersey · 1966
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