O'Shea v. Moritz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Moritz, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 9tli day of October, 1907.
1Opinion of the Court
Jenks, J.:
The defendant appeals from a judgment of the Municipal Court in an action to recover damages for defects in his work under a contract between the "parties. The contract was subordinate to a contract between the plaintiffs and a third party. This defendant filed a mechanic’s lien which covered this work, and these plaintiffs sought to discharge the lien by a payment into court. Thereafter this defendant brought action in the Supreme Court on May 20, 1904, against these plaintiffs and the owner, to have his lien adjudged and to foreclose. Issue vías joined and trial was had. The…
2Cases cited6 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Davis v. . SpencerNew York Court of Appeals · 1862
- Catlin v. TaylorSupreme Court of Vermont · 1846
- Foster v. TrullNew York Supreme Court · 1815
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