Legal Opinion
In re Candee, Smith & Howland Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1916Published
Appeal from an order, entered in the New York county clerk’s office on the 7th day of February, 1916, denying a motion by petitioner for leave to sue the Illinois Surety Company on its undertaking given to discharge a mechanic’s lien.
1Opinion of the Court
Per Curiam: The
order appealed from is affirmed, with ten dollars costs and disbursements, on the ground that no leave to sue is necessary. (Pierce, Butler &Pierce Mfg. Co. v. Wilson, 118 App. Div. 662; Vitelli v. May, 120 id. 448.) Present—Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order affirmed, with ten dollars costs and disbursements.
2Cases cited1 opinion
- Pierce v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907