Szemko v. Weiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harris Weiner and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 11th day of August, 1916, upon the decision of the court after a trial at the Kings County Special Term.
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Appeal by the defendants, Harris Weiner and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 11th day of August, 1916, upon the decision of the court after a trial at the Kings County Special Term. The judgmént was entered upon an order confirming the report of the official referee, dated July 28, 1916, in a suit to foreclose a mechanic’s lien and the judgment rendered was for the amount of the lien as found, with costs. Plaintiffs contracted for the sum of $1,625 with the main contractor, one Antonio De…
1Opinion of the Court
Putnam, J.:
Under the system of mechanics’ liens in this State a subcontractor’s lien rests upon the theory of subrogation. As to his part of the work he stands in the main contractor’s shoes. If through the main contractor’s indifference the subcontractor omits the things specified, the owner, who has set down what is to be done, cannot be affected by the main contractor’s acceptance or waiver. Subcontractors, therefore, should read over the main contract and always acquaint themselves with its plans and specifications.
The double set of cellar doors here were defective. They did not have iron…
2Cases cited1 opinion
- Church E. Gates & Co. v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by11 opinions
- Tibbetts Contracting Corp. v. O & E Contracting Co.New York Court of Appeals · 1965
- Lorber v. Eskof Real Estate, Inc.New York Supreme Court · 1959
- Brandenberg v. TirinoAppellate Division of the Supreme Court of the State of New York · 1971
- Biondo v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1963
- Travis v. NansenNew York Supreme Court · 1941
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