Cummings v. . Broadway-94th Street Realty Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1921, unanimously affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The trial court was without power and jurisdiction to award a personal judgment for the alleged debt or for a deficiency in favor of the respondent and against the appellant.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1921, unanimously affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The trial court was without power and jurisdiction to award a personal judgment for the alleged debt or for a deficiency in favor of the respondent and against the appellant. (Grant v. Van Dercook, 57 Barb. 166; O’Brien v. N. Y. Butchers’ D. & M. Co., 54 Misc. Rep. 297; N. Y. L. Ins. Co. v. Aitkin, 125 N. Y. 660; Pennoyer v.…
1Opinion of the CourtMcLaughlin, J.
This action was brought to foreclose a mechanic’s lien. After the commencement of the action it was discontinued so far as the plaintiff was concerned and thereafter continued and tried as though Pollack & O’Neill, Inc.,"were the plaintiff and the Broadway-94th Street Realty Co., Inc., the defendant. At the trial it appeared that on or about the 17th of August, 1916, the defendant Pollack & O’Neill, Inc., entered into a contract with the Broadway-94th Street Realty Co., Inc., by the terms of which the former agreed to furnish all the materials and perform all the labor required in connection…
2Cases cited7 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Abbott v. . EastonNew York Court of Appeals · 1909
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
- Gilmour v. . ColcordNew York Court of Appeals · 1906
- Uvalde Asphalt Paving Co. v. City of New YorkNew York Court of Appeals · 1908
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3Cited by14 opinions
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- Holden v. . Efficient Craftsman Corp.New York Court of Appeals · 1923
- Brigham v. DuanyNew York Court of Appeals · 1926
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
- Carroll McCreary Co. v. PeopleNew York Court of Appeals · 1935
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