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Uvalde Asphalt Paving Co. v. City of New York

198 N.Y. 548 Court N.Y. Decision date 1910-03-22 English

Judges Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett and Hiscock, JJ. Absent: Chase, J.

Contents

Majority

p. 548
Uvalde Asphalt Paving Company, Respondent, v. The City of New York, Appellant.

Headnote

Uvalde Asphalt Paving Co. v. City of New York, 128 App. Div. 210 , affirmed.
(Argued March 4, 1910;
decided March 22, 1910.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entere October 20, 1908, modifying, and affirming as modified, a
p. 549
judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover for an alleged breach of contract.
Francis K. Pendleton, Corporation Counsel {Terence Farley and Theodore Connoly of counsel), for appellant.
Fdward M. Grout and James F. McKinney for • respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett and Hiscock, JJ. Absent: Chase, J.