Moriarty v. City of New York

Appellate Terms of the Supreme Court of New York

Moriarty v. City of New York

117 N.Y.S. 884

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 25, 1909

StatusPublished

This text of 117 N.Y.S. 884 (Moriarty v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moriarty v. City of New York, 117 N.Y.S. 884 (N.Y. Ct. App. 1909).

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Opinion

PER CURIAM.

The plaintiff brought this action and has recovered judgment- for the amount of three bills for work rendered and materials furnished upon .the order of the secretary of the armory board for replacing and repairing burned out and broken electric wires and switchboard, and for repairing a lantern in front of Armory A, and for repairs- to motor in the rifle range of the Twenty-Second Regiment Armory.

No power is conferred upon the secretary of the armory board to issue such -order or -incur such expenditures. On the contrary, expenditure of the municipal appropriation made to meet this nonmunicipal duty, devolved by statute. (Military Code [Laws 1898, p. 563, c. 212] § 134)' upon the city of New York, may be only by and under the direction of the commissioner of public buildings; who alone, in [885]*885cases of an emergency, may cause repairs immediately required to be done without calling' for competition. • - • .

Judgment reversed, and new trial ordered, with costs to appellant to abide the event, with leave to appeal to the Appellate. Division.

SEABURY, J., dissents.

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PER CURIAM.

The plaintiff brought this action and has recovered judgment- for the amount of three bills for work rendered and materials furnished upon .the order of the secretary of the armory board for replacing and repairing burned out and broken electric wires and switchboard, and for repairing a lantern in front of Armory A, and for repairs- to motor in the rifle range of the Twenty-Second Regiment Armory.

No power is conferred upon the secretary of the armory board to issue such -order or -incur such expenditures. On the contrary, expenditure of the municipal appropriation made to meet this nonmunicipal duty, devolved by statute. (Military Code [Laws 1898, p. 563, c. 212] § 134)' upon the city of New York, may be only by and under the direction of the commissioner of public buildings; who alone, in [885]*885cases of an emergency, may cause repairs immediately required to be done without calling' for competition. • - • .

Judgment reversed, and new trial ordered, with costs to appellant to abide the event, with leave to appeal to the Appellate. Division.

SEABURY, J., dissents.

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Bluebook (online)

117 N.Y.S. 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moriarty-v-city-of-new-york-nyappterm-1909.