von den Driesch v. Rohrig
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Annie Rohrig 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 9th day of October, 1899, denying their motion to strike the cause from the calendar.
1Opinion of the Court
Patterson, J. :
The defendants, Annie Rohrig and Hohm, are sureties upon a bond given upon the discharge’under the statute of a mechanic’s lien filed by the plaintiff against certain real property in the city of New York of which William F. Rohrig was the owner. This action is by the lienor to enforce the bond. The owner, the sureties and a sub-contractor are parties defendant. The owner was not served with the summons and has not appeared. The sureties and the sub-contractor were served and they have answered the complaint. The plaintiff filed a note of issue and the cause was put by him on…
2Cases cited1 opinion
- Morton v. . TuckerNew York Court of Appeals · 1895
3Cited by7 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Mertz v. PressAppellate Division of the Supreme Court of the State of New York · 1904
- Atlantic Terra Cotta Co. v. Rubenfield Construction Corp.New York Supreme Court · 1926
- John Comolli & Co. v. MargoliesNew York Supreme Court · 1927
- Lehmann v. Kingston Plaza, Inc.New York Supreme Court · 1964
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