127 Misc. 354 | N.Y. Sup. Ct. | 1926
By section 242 of the Greater New York charter (as amd. by Laws of 1905, chap. 629) the board of estimate and apportionment was given exclusive and superior powers with respect to streets. In the discharge of the duties
The construction contended for by counsel for the comptroller would make it impossible for any department of the city government to employ an expert for temporary service without action of the board of aldermen, and yet it is a matter of common knowledge that for years experts have been employed in litigation by the corporation counsel and for other services by other city departments and no question raised as to the payment of their just compensation when their employment was in good faith and properly charged against the unexpended balance of a duly made appropriation. This practical construction is likewise controlling. (Grimmer v. Tenement House Dept., 205 N. Y. 549.)
Verdict directed for plaintiff for $7,344.98 and interest amounting to $804.19, making a total of $8,149.17.