Cunningham v. City of New York — 185 N.Y. 549

Majority

p. 549

William P. Cunningham et al., Appellants, v. The City of New York, Respondent.

Headnote

Cunningham v. City of New York, 103 App. Div. 610 , affirmed.

(Argued April 20, 1906;

decided May 8, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1905, affirming a judgment in favor of defendant entered upona dismissal of the complaint by the court at a Tidal Term in an action to recover damages alleged to have been caused by the wrongful acts of defendant in delaying the performance by plaintiff of work on a municipal contract.

p. 550

Laflin G. Kellogg and Alfred C. Petté for appellants.

John J. Pelanyi Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Willard Bartlett and Chase, JJ. Not voting: Edward T. Barttlett, J. Absent: Haight, J.