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Riverside Contracting Co. v. City of New York

150 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1914-12-18 Docket No. 6530 English

Decision Majority — PER CURIAM. · Dissent — LAUGHLIN, J. (dissenting).

Contents
p. 1109
RIVERSIDE CONTRACTING CO. v. CITY OF NEW YORK et al.
(No. 6530.)
(Supreme Court, Appellate Division, First Department.
December 18, 1914.)

Headnote

Appeal from Special Term, New York County. Actions by the Riverside Contracting Company, bv Josiah Canter, as receiver (two cases), and by Charles W. AVright, all against the City of New York and another, which actions were consolidated. From a judgment for defendant First National Bank of Bayonne ( 148 N. Y. Supp. 281 ), entered after a trial at Special Term, plaintiffs appeal. Affirmed. Allan Lee Smidt, of New York City, for appellant Riverside Contracting Co. El J. Myers, of New York City, for appellants receiver and others. A. R. Watson, of New York City, for respondents.

Judgment affirmed, with costs.

I dissent as to Riverside Contracting Company, and vote for reversal of the judgment against it, and the granting of a new trial as to it, on the ground that it was error to exclude the evidence to impeach the record of the time at which the plaintiff’s notice of lien was filed.