Sexauer & Lemke v. Luke A. Burke & Sons Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. . The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in finding that a valid lien was established under section 5 of the Lien Law. (Cons.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. . The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in finding that a valid lien was established under section 5 of the Lien Law. (Cons. Laws, ch. 33.) As the city of New York is the valid owner of the real estate no valid lien could be acquired under section 3 of the Lien Law.…
1Opinion of the CourtCardozo, J.
The plaintiff furnished labor and materials which have gone into the construction of one of the public libraries of the city of New York. The statute does not permit the enforcement of a mechanic’s lien against the land and buildings of a municipal corporation (Lien Law, secs. 2, 5; Consol. Laws, chap. 33; Leonard v. Raynolds, 71 N. Y. 498). It does permit the enforcement of such a lien against moneys of the municipal corporation applicable to the construction of the improvement (Lien Law, sec. 5). The question is whether there are any such moneys to which a lien can attach.
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2Cases cited8 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Leonard v. . City of BrooklynNew York Court of Appeals · 1877
- Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
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3Cited by35 opinions
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- In re James Passero & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- People v. Meikrantz, New York County Courts1974
- In re the Estate of DitsonNew York Surrogate's Court · 1941
- Paerdegat Boat & Racquet Club, Inc. v. ZarrelliAppellate Division of the Supreme Court of the State of New York · 1981
30 more not listed; retrieve them via the Exa API.