Fitzpatrick v. . Boylan
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment entered upon an order upon trial at Special Term, dismissing the complaint as to defendant Boylan. This was a proceeding to enforce a mechanic’s lien against premises known as No. 474 Third avenue, in the city of New York.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment entered upon an order upon trial at Special Term, dismissing the complaint as to defendant Boylan. This was a proceeding to enforce a mechanic’s lien against premises known as No. 474 Third avenue, in the city of New York. The original complaint, served under an order of the court made May 4th, 1863, alleged that the plaintiff had entered into an agreement with the defendant O’Brien, to supply a quantity of brick and other .building materials, and to perform work and…
1Dissent
Dwight, C.
(dissenting). In disposing of this case it is necessary to consider the construction and effect of section 11 of chapter 500 of the Laws of 1863, concerning mechanic’s liens in the city of New York.
The present action is based upon a lien filed February 7th, 1863. The statute was passed May fifth and went into effect July 1st, 1863. The question is whether the lien is affected by the statute. The words of this section are as follows: “ Liens shall, i/n all cases, cease after one year, unless by order of the court the lien is continued and a new docket made stating such fact (without…
2Cases cited15 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Walker v. WhiteheadSupreme Court of the United States · 1873
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Sanford v. . BennettNew York Court of Appeals · 1861
- Varick v. BriggsNew York Court of Chancery · 1837
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