Appellate Terms of the Supreme Court of New York January 15, 1906 (Naughton Co. v. American Horse Exchange)

Scott, J.

In this action the plaintiff seeks to recover, under an alleged express. contract, for relaying a piece of sidewalk in front of defendant’s property. The plaintiff was a subcontractor for the construction of a section of the subway and, in the prosecution of this work, found it necessary to remove a portion of an asphalt block pavement in front of defendant’s premises.