Hinkle v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Timothy D. Sullivan and another, from an order of the Supreme Court,' made at the New York Special Term and. entered in the office of the clerk of the county of New York on the 5th day of June, 1905, granting the motion of the defendant Sigmund Adler to vacate the dismissal of the complaint taken on the 3d day of May, 1905, and.the judgment entered thereon.
1Opinion of the Court
McLaughlin, J.-:
This action was brought to foreclose a mechanic’s lien on premises owned by the defendants Sullivan and Kraus. The respondent Adler, who also had a lien, was made’ ¡a party defendant, and he served upon his codefendants, Sullivan and Kraus, an answer setting forth his lien and his claims thereunder. Notices of trial were served both by the plaintiffs and defendants, Sullivan and Kraus, *317but neither served any notice therefor on the defendant Adler. The cause was placed upon the calendar, and when it came to be finally reached — the plaintiffs’ lien having been .satisfied — the…
2Cases cited2 opinions
- Edwards v. . WoodruffNew York Court of Appeals · 1882
- Mahoney v. McWaltersNew York Supreme Court · 1895
3Cited by4 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Atlantic Terra Cotta Co. v. Rubenfield Construction Corp.New York Supreme Court · 1926
- Hill v. Flatbush Consumers' Ice Co. Boer v. SchoolmakerAppellate Division of the Supreme Court of the State of New York · 1911
- Reedy Elevator Co. v. Monok Co.Appellate Division of the Supreme Court of the State of New York · 1919