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Deraismes Engine Co. v. City of New York

114 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1908-12-30 English

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p. 1123
DERAISMES ENGINE CO, NO. 1, Respondent, v. CITY OF NEW YORK, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 30, 1908.)

Headnote

Action by the Deraismes Engine Company, No. 1, against the City of New York.

It may well be that the plaintiff has a cause of action under our judgment in Jones Hook & Ladder Company, No. 1, v. City of New York, 118 App. Div. 896 , 103 N. Y. Supp. 1130 . But this judgment cannot stand, because there is not sufficient proof of the alleged contract to pay for the forage. This case presents the further question whether the plaintiff had legal standing, because it failed

p. 1124
to prove a compliance with the requirement of the last sentence of section 722 of the Greater New York charter (Laws 1901, p. 303, c. 466). Judgment, of the Municipal Court reversed, and, new trial ordered; costs to abide the event.