Molloy v. City of New Rochelle — 186 N.Y. 603

Majority

p. 603

Frank W. Molloy, Respondent, v. The City of New Rochelle, Appellant.

Headnote

Molloy v. City of New Rochelle, 110 App. Div. 895 , modified.

(Argued November 27, 1906;

decided December 11, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 5, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new tidal in an action to recover for alleged extra work in the performance of a contract.

William D. Sawyer, Corporation Counsel [Joseph T. Brown, Jr., of counsel), for appellant.

L. Laffiin Kellogg and Alfred C. Petté for respondent.

p. 604

Judgment of Trial Term modified by deducting therefrom $1,630.55, and reducing the extra allowance proportionately, and as modified affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haigi-it, Yann and Chase, JJ. Not sitting: Willard Bartlett, J. Absent: O’Brien, J.