Church E. Gates & Co. v. National Fair & Exposition Ass'n
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in- the second judicial department, entered May 19, 1916, affirming a judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in- the second judicial department, entered May 19, 1916, affirming a judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no owner’s request or consent to the improvements, which is the basis of the liens, and, in fact, there was a written dissent by the owner to the improvements or alterations, unless security was furnished by the lessee. (Hartley v. Murtha,…
1Opinion of the CourtChase, J.
This action is brought to foreclose a mechanic’s hen for materials furnished pursuant to a contract with a lessee of real property and used in improvements thereon. Included among the defendants are the owner of the real property, Empire City Racing Association, the appellant; its lessee, National Fair and Exposition Association; ten individuals and corporations each of whom has filed a lien for materials furnished to the lessee and used in such improvements; one hundred and eleven individuals, each of whom has filed a lien for labor performed on such improvements, and the trustee in…
2Cases cited9 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Spruck v. . McRobertsNew York Court of Appeals · 1893
- Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
- Tinsley v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Contelmo's Sand & Gravel, Inc. v. J & J Milano, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- New York-Brooklyn Fuel Corporation v. FullerCourt of Appeals for the Second Circuit · 1926
- Niagara Venture v. Sicoli & Massaro, Inc.New York Court of Appeals · 1990
- Brigham v. DuanyNew York Court of Appeals · 1926
- Lycee Francais v. CalagnaNew York Supreme Court · 1960
33 more not listed; retrieve them via the Exa API.