Levitt v. Griswold
New York Supreme Court
Action by Philip Levitt against Irving H. Griswold and others. On demurrer to the separate defense of' the statute of limitations in the answer.
1Opinion of the CourtPendleton, J.
This is a trial of two issues of law raised by-plaintiff’s demurrer to the separate defense of the statute of limitations by defendant Ruland and by defendants Griswold and Brush.
[1] The separate defense is defective in substance. Not only are the allegations of the complaint sufficient to show that a benefit moved to defendants by the completion of the work, but plaintiff released his mechanic’s lien and proceeded to do such work as "defendants or their architect should order done.” This appears to be a distinct enlargement of plaintiff’s obligation under his original contract with the…
2Cases cited7 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Douglas v. . CoonleyNew York Court of Appeals · 1898
- A. Schwoerer & Sons, Inc. v. StoneAppellate Division of the Supreme Court of the State of New York · 1909
- Schattman v. Maze Realty Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Berg v. BatesAppellate Division of the Supreme Court of the State of New York · 1912
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