Warren Brothers Co. v. . City 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 April 29, 1907, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Section 1554 of the Greater New York charter does not prohibit the laying or purchase of patented pavements and articles by the city of New York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1907, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Section 1554 of the Greater New York charter does not prohibit the laying or purchase of patented pavements and articles by the city of New York. (Matter of Eager, 46 N. Y. 100 ; Matter of Dugro, 50 N. Y. 513 ; Baird v. Mayor, etc., 96 N. Y. 567; Matter of McCormack,…
1Opinion of the CourtEdward T. Bartlett, J.
This is a submitted controversy upon an agreed statement of facts pursuant to sections 1279, 1280 and 1281 of the Code of Civil Procedure. The Appellate Division of the first department rendered a decision in favor of the defendant by a divided court, two justices dissenting. Scott, J., agreed with the decision in a memorandum (Patterson, P. J., and Latohun, J., concurring), as follows: In Barber Asphalt Paving Co. v. Willcox (90 App. Div. 215) the very contract involved in this submission was condemned and declared to he illegal and void under section<1554 of the Greater New York charter.…
2Cases cited6 opinions
- Rose v. LowAppellate Division of the Supreme Court of the State of New York · 1903
- Barber Asphalt Paving Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1904
- Barber Asphalt Paving Co. v. WillcoxNew York Supreme Court · 1903
- Bente v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Rosenbaum v. RiceAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Litchfield v. City of BridgeportSupreme Court of Connecticut · 1925
- Hodges v. City of RoswellNew Mexico Supreme Court · 1926
- American La France & Foamite Corp. v. City of New YorkNew York Supreme Court · 1935
- Caristo Construction Corp. v. RubinNew York Supreme Court · 1961
- Holly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
5 more not listed; retrieve them via the Exa API.