Legal Opinion

Siegel v. Ehrshowsky

Appellate Terms of the Supreme Court of New York

Decided March 15, 1905PublishedCited by 6 opinions

Appeal by the defendant from a judgment rendered in favor- of the plaintiff in the Municipal Court of the city of Hew York, fourth district, borough of Manhattan.

1Opinion of the CourtO’Gorman, J.

The plaintiff, a subcontractor, brings suit to foreclose a mechanic’s lien. The performance of plaintiff’s work was not seriously disputed, and the conclusion of the trial justice that there was an amount due from the defendant to the principal contractor sufficient to cover plaintiff’s claim is amply supported by the evidence. The judgment, however, must be -reversed for a defect in the notice of lien and for failure of necessary averments in the complaint. The mechanic’s lien stated that “ the agreed price or value thereof is two hundred and fifty dollars.” It has been frequently held that…

2Cases cited2 opinions

  1. Ball & Wood Co. v. Jonathan Clark & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1898
  2. Villaume v. KirchnerAppellate Terms of the Supreme Court of New York · 1903

3Cited by6 opinions

  1. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. Daxe v. HajekAppellate Terms of the Supreme Court of New York · 1907
  3. Ranieri v. BrandenburgAppellate Division of the Supreme Court of the State of New York · 1922
  4. Alexander v. CostelloAppellate Terms of the Supreme Court of New York · 1908
  5. Gribben v. HoareAppellate Terms of the Supreme Court of New York · 1907

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