Bachmann v. Spinghel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Bachmann, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Queens on the 24th day of July, 1914, upon an order granting respondents’ motion for judgment on the pleadings.
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Appeal by the plaintiff, Jacob Bachmann, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Queens on the 24th day of July, 1914, upon an order granting respondents’ motion for judgment on the pleadings. The plaintiff also appeals from the postea judgment, entered in said clerk’s office on the 24th day of July, 1914, and gives notice of an intention to bring up for review the order entered in said clerk’s office on the same day which granted respondents’ motion for judgment on the pleadings, made after the service of the…
1Opinion of the Court
Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.
The following is the opinion of the court below:
Blackmar, J.:
This is a motion made upon the pleadings to dismiss the complaint for insufficiency. The action was brought to foreclose a mechanic’s lien. The defendants claim that the complaint does not state a cause of action, for two reasons:
1. Because it fails to state whether any other action has been brought to recover any part of the debt for which the lien was filed, and
2. Because the notice of lien is fatally defective in that it does not state how much of the labor for…
2Cases cited1 opinion
- Finn v. . SmithNew York Court of Appeals · 1906
3Cited by10 opinions
- Flaum v. . PicarretoNew York Court of Appeals · 1919
- Church E. Gates & Co. v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Gately v. GatelyNew York Supreme Court · 1918
- Copp v. FiremiAppellate Division of the Supreme Court of the State of New York · 1918
- Donato v. HallockAppellate Division of the Supreme Court of the State of New York · 1916
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