Neuchatel Asphalte Co. v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of ¡New York, entered April 9, 1895, modifying a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, by providing for the payment out of the fund, of the plaintiff’s lien in the order of priority of its filing. This was an action brought to foreclose a mechanics’ lien. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of ¡New York, entered April 9, 1895, modifying a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, by providing for the payment out of the fund, of the plaintiff’s lien in the order of priority of its filing. This was an action brought to foreclose a mechanics’ lien. The facts, so far as material, are stated in the opinion. The plaintiff lost its lien for the reason that it did not commence an action by service of the summons upon the principal…
1Opinion of the CourtGray, J.
The plaintiff, a foreign corporation, filed a notice of lien against the premises in question, October 25th, 1893, as a sub-contractor in the furnishing of materials under a certain contract for the alteration of a building in the city of 27ew York. It had been doing business in this state for fourteen years prior to the contract in question; but it had not procured from the secretary of state the certificate required by chapter 687 of the Laws of 1892. On December 4tli, 1893, after the completion of its contract and the filing of its notice of lien, the plaintiff applied for and obtained the…
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