Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, The Dunmore Realty Company, from so much of an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 19th day of February, 1909, resettling an order entered on the 21st day of January, 1909, as. permits the plaintiff to amend the second amended complaint.
1Opinion of the Court
McLaughlin, J.:
Action to foreclose a mechanic’s lien upon certain real property in the city of ¡New York owned by the Dunmore Realty Company and leased to the defendant Murray. The notice of lien was filed in July, 1907. A demurrer was interposed to.the original complaint by the Dunmore Realty Company, which was sustained with leave to amend. Thereafter an amended complaint was served which was also demurred to by the realty company. The demurrer was overruled and an appeal taken to this court where the interlocutory judgment was reversed and the demurrer sustained (Mitchell v. Dunmore Realty…
2Cases cited1 opinion
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Framingham Trust Co. v. VillardNew York Supreme Court · 1911
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909