Ross v. Simon
City of New York Municipal Court
Appeal from special term. Action by John B. Ross against John Simon, Ignatz Schmitt, Barbara Schmitt, and others, to enforce a mechanic’s lien.
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Appeal from special term. Action by John B. Ross against John Simon, Ignatz Schmitt, Barbara Schmitt, and others, to enforce a mechanic’s lien. The complaint alleged, substantially as follows: First, that defendant Simon was and is now the owner of certain premises, against which the lien is • claimed; second, that said defendant, on April 28,1888, leased said premises, and house thereon, to defendant Ignatz Schmitt, for 21 years from May 1, 1888, and that said lease was duly recorded; third, that defendant Ignatz Schmitt, by assignment dated September 1, 1888, and recorded on the same , day,…
1Opinion of the CourtMcGown, J.
This action was commenced on or about the 16th day of September, 1889, to enforce a mechanic’s lien against the premises No. 2007 Eirst avenue, (notice filed November 8,1888,) owned by the defendant Simon, under the mechanic’s lien law, (chapter 342, Laws 1885.) Section 1 of said act provides as follows: “Section 1. Any person * * * who shall hereafter perform any labor or service, or furnish any materials, * * * in erecting, altering, or repairing any house, * * * building, * * * with the consent of the owner, as hereinafter defined, or his agent, or any contractor, * * * or any other person…
2Cases cited1 opinion
- Otis v. . DoddNew York Court of Appeals · 1882
3Cited by10 opinions
- Steffenauer v. Mytelka & Rose, Inc.New Jersey Superior Court Appellate Division · 1965
- Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
- MAJESTIC REALTY ASSOC., INC. v. Toti Contracting Co.New Jersey Superior Court Appellate Division · 1959
- Knight v. CohenNew Jersey Superior Court Appellate Division · 1959
- Puzio v. PuzioNew Jersey Superior Court Appellate Division · 1959
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