Rukeyser v. Fountain & Choate, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fountain & Choate, Inc., from a judgment of the Supreme Court in favor of the respondents, .entered in the office of the clerk of the county of New York on the 13th day of April, 1918, upon the decision of the court after a trial at the New York Special Term. The judgment foreclosed certain mechanics’ liens and directed their payment out of a fund deposited by the appellant to discharge and secure payment of the liens.
1Opinion of the Court
Laughlin, J.:
The evidence consists exclusively of facts stipulated. The action is to foreclose a mechanic’s lien filed by the plaintiff, *265respondent, on the 15th day of November, 1916, for work and labor performed for and furnished to appellant’s subcontractor, one Tostevin, against premises in the borough of Manhattan, New York, and used in the construction of a building thereon in the performance of a contract between appellant and the owner of the premises. On the 16th day of the month preceding the filing of the lien the appellant, the general contractor, had executed and delivered to the…
2Cases cited17 opinions
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Battle v. . CoitNew York Court of Appeals · 1863
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Gass v. SoutherAppellate Division of the Supreme Court of the State of New York · 1899
- Glens Falls Portland Cement Co. v. Schenectady County Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914
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3Cited by9 opinions
- Yonkers Builders Supply Co. v. Petro Luciano & Son, Inc.New York Court of Appeals · 1935
- Smith v. TreuthartNew York Supreme Court · 1927
- 104 Contractors, Inc. v. R.T. Golf Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2000
- J. W. Van Cott & Son v. GallonNew York County Court, Delaware County · 1937
- Maycumber v. WolfeNew York Supreme Court · 1958
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