Phelan v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made May Y, 1889, which overruled exceptions taken on the trial and ordered judgment for defendant on the verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made May Y, 1889, which overruled exceptions taken on the trial and ordered judgment for defendant on the verdict. This action was brought by plaintiff, as assignee of the contractor, to recover a balance alleged to be due upon a contract made by defendant as party of the first part with Yicholas Haughton as party of the second part, for regulating, etc., One Hundred and Twelfth street from Madison avenue to Sixth avenue in the city of Yew York. Also, as a second cause of action, to…
1Opinion of the CourtAndrews, J.
The release was a good answer to the second cause of action alleged in the complaint, founded on the delay on the part of the city to remove the obstructions in the street, thereby preventing the plaintiff from proceeding with the performance of the contract. (Seymour v. Minturn, 17 John. 170; Gray v. Barton, 55 N. Y. 68: Coulter v. Board of Education, 63 id. 366 ; Simson v. Brown, 68 id. 355.)
The claim to recover the sum retained by the city for inspectors’ fees for the 375 days beyond the 320 days allowed by the contract for the completion of the work, is based on the ground that…
2Cases cited1 opinion
- Gray v. . BartonNew York Court of Appeals · 1873
3Cited by13 opinions
- Everard v. Mayor of New YorkNew York Supreme Court · 1895
- O'Brien v. Mayor of New YorkNew York Circuit Court · 1891
- Newell v. Mayor of New YorkNew York Supreme Court · 1891
- Thilemann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Gearty v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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