Thilemann v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the city of New York, from an order of the Supreme Court,' made at the New York Special Term and entered in the office of the clerk- of the county of New York on the 4th day of March, 1902, granting the plaintiffs’ motion for leave -to serve an amended complaint.
1Opinion of the Court
Ingraham, J.:
This appeal is from an order allowing the plaintiffs to serve ■ an amended complaint by which there was added a new cause of action for the amount sought to be recovered by the first .cause of action, but upon a different theory.. By the first cause of action the plaintiffs seek to recover the difference between the filling actually furnished under the contract and that certified to by the engineer, based upon an allegation that the engineer, or inspector in-charge of the work, had made and filed “ a wrongs false, untrue certificate, and *596have made a certificate in bad faith and…
2Cases cited1 opinion
- Thilemann v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Bruns v. Brooklyn CitizenAppellate Division of the Supreme Court of the State of New York · 1904
- Brook Iron Works, Inc. v. CohenCity of New York Municipal Court · 1930
- Fishman v. BaumsteinAppellate Terms of the Supreme Court of New York · 1914
- Hamilton v. MendhamAppellate Terms of the Supreme Court of New York · 1911
- Lapides v. PecoraroNew York Supreme Court · 1927
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