Morris & Cummings Dredging Co v. City of New York 193 N.Y. 678

Morris and Cummings Dredging Company, Appellant, v. The City of New York, Respondent.

Morris & Cummings Dredging Go.v. City of New York, 122 App. Div. 923, affirmed.

(Argued December 1, 1908;

decided December 15, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1908, which affirmed a judgment of Special Term sustaining a demurrer to and dismissing the complaint in an action to recover for extra work alleged to have been done in connection with the performance of a contract.

Pierre M. Brown for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Clarence L. Barber of counsel), for respondent.