John J. Hart Co. v. City of New York — 203 N.Y. 531

Majority

p. 531

The John J. Hart Company, Appellant, v. The City of New York, Respondent.

Headnote

Hart Company v. City of New York, 129 App. Div. 903 , affirmed.

(Argued June 12, 1911;

decided October 3, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 532

entered January 25, 1909, affirming a judgment in favor ■ of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover for excess work alleged to have been performed in connection with a contract for paving.

George B. Hayes for appellant.

Archibald R. Watson, Corporation Counsel (Terence Farley and Francis Martin of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.