Leske v. Wolf
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emil Leske, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 2.3d day of May, 1911, upon the decision of the court, rendered after a trial at the Westehester Special Term, dismissing the complaint.
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Appeal by the plaintiff, Emil Leske, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 2.3d day of May, 1911, upon the decision of the court, rendered after a trial at the Westehester Special Term, dismissing the complaint. Appeal by the defendants, Pfautz & Miller Realty Company and others, from so much of said judgment as directs that the complaint be dismissed without hearing and determining certain issues raised by the answers of the said defendants served upon the remaining defendants, and also, as…
1Opinion of the Court
Woodward, J.:
The plaintiff, a sub-contractor, brings this action to foreclose a mechanic’s lien and to set aside and cancel of record certain mortgages recorded prior to said lien. The complaint alleges *235that the' defendant the Pfautz & Miller Realty Company is the owner of eight certain lots in the town of Harrison, Westchester county, and that the defendant Christian G-. Rohrer is the owner of four other lots in the same township, and located apparently upon the same allotment as that of the eight lots above mentioned. It is further alleged that the realty company had entered into a…
2Cases cited4 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Hurley v. TuckerAppellate Division of the Supreme Court of the State of New York · 1908
- Bossert v. FoxAppellate Division of the Supreme Court of the State of New York · 1903
- Bossert v. . FoxNew York Court of Appeals · 1905
3Cited by7 opinions
- Contelmo's Sand & Gravel, Inc. v. J & J Milano, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Edward E. Buhler Co. v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- Richards v. RobinNew York Supreme Court · 1914
- Ludlow Valve Manufacturing Co. v. Village of MiddleportNew York Supreme Court · 1918
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