Alexander v. Costello
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Few York, second district, borough of the Bronx, in favor of plaintiff, upon the direction of a verdict.
1Per curiam
The action was brought to foreclose a mechanic’s lien. The notice of lien recites that the “ agreed
*492price or value ” of the labor performed and materials furnished is $1,175. The validity of the lien cannot be upheld, since this statement in the disjunctive is not in compliance with the law. Siegel v. Ehrshowsky, 46 Misc. Rep. 605. Further, the complaint alleges that the labor was performed and materials furnished at the request of the defendant. The proof fails to support this allegation, but shows that the contract was made with one Thomas Costello, the defendant’s husband, as contractor.'…
2Cases cited1 opinion
- Siegel v. EhrshowskyAppellate Terms of the Supreme Court of New York · 1905