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Sheeran v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1935
245 App. Div. 504 (N.Y. App. Div. 1935)

Opinion

November 15, 1935.

Appeal from Supreme Court of New York County.

Harold S. Glendening of counsel [ Cotton, Franklin, Wright Gordon, attorneys], for the appellant.

Arthur A. Segall of counsel [ Joseph L. Weiner with him on the brief; Paul Windels, Corporation Counsel], for the respondent.

Present — MARTIN, P.J., O'MALLEY, TOWNLEY, GLENNON and UNTERMYER, JJ.


We are of opinion that summary judgment dismissing the complaint should not have been granted. By the resolution of the board of estimate and apportionment of July 2, 1914, subsequently approved by the commissioners of the sinking fund, the commissioner of docks was authorized to execute the contract with the New York Railways Company. By section 830 of the Greater New York Charter it is provided that the commissioner of docks "may adopt a common seal for said department of docks, and direct its use." In view of the presumption that the seal was attached by proper authority ( Gause v. Commonwealth Trust Co., 196 N.Y. 134; Quackenboss v. Globe R.F. Ins. Co., 177 id. 71; Weeks v. Esler, 143 id. 374), it cannot be held as matter of law that a contract under seal "was necessarily detrimental to the interests of the city or that it was not of the usual character and form of municipal contracts." ( Peterson v. City of New York, 194 N.Y. 437.)

The judgment should be reversed and the motion denied.


Judgment unanimously reversed and the motion denied.


Summaries of

Sheeran v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1935
245 App. Div. 504 (N.Y. App. Div. 1935)
Case details for

Sheeran v. City of New York

Case Details

Full title:HUGH J. SHEERAN, as Receiver of NEW YORK RAILWAYS COMPANY, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 15, 1935

Citations

245 App. Div. 504 (N.Y. App. Div. 1935)
283 N.Y.S. 457