Legal Opinion

Cummings v. . Broadway-94th Street Realty Co.

New York Court of Appeals

Decided May 31, 1922PublishedCited by 14 opinions

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

  1. Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
  2. Abbott v. . EastonNew York Court of Appeals · 1909
  3. Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
  4. Gilmour v. . ColcordNew York Court of Appeals · 1906
  5. Uvalde Asphalt Paving Co. v. City of New YorkNew York Court of Appeals · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Welsbach Elec v. Mastec N. AmNew York Court of Appeals · 2006
  2. Holden v. . Efficient Craftsman Corp.New York Court of Appeals · 1923
  3. Brigham v. DuanyNew York Court of Appeals · 1926
  4. Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
  5. Carroll McCreary Co. v. PeopleNew York Court of Appeals · 1935

9 more not listed; retrieve them via the Exa API.

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