Wahle v. Fifty-Ninth Street-Madison Avenue Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wahle, Phillips Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of June, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, in so far as said judgment disallows the plaintiff’s lien in part.
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Appeal by the plaintiff, Wahle, Phillips Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of June, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, in so far as said judgment disallows the plaintiff’s lien in part. Also an appeal by the defendant, Fifty-ninth Street-Madison Avenue Company, from said judgment in so far as it allows and decrees a foreclosure of the lien filed by plaintiff.
1Opinion of the Court
Laughlin, J.:
This is an action to foreclose a mechanic’s lien filed against part of the premises on the easterly side of Madison avenue, extending from Fifty-eighth street to Fifty-ninth street, in the borough of Manhattan, New York, which were owned by John D. Crimmins, Who on August 5, 1907, leased them to one Salomon, for twenty-one years from March 1, 1908. On February 29, 1908, said Salomon sublet the part of the premises against which the lien was filed, to one Baumfeld, for twenty years and five months from October 1, 1908, and on March 25, 1908, Baumfeld duly assigned this sublease to…
2Cases cited4 opinions
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
- Union Stove Works v. KlingmanAppellate Division of the Supreme Court of the State of New York · 1897
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1910
- Berliner v. Piqua Club Ass'nNew York Supreme Court · 1900
3Cited by7 opinions
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
- Smith v. Vara, New York County Courts1930
- Empire City Iron Works v. MargoliesCity of New York Municipal Court · 1914
- Marsh v. Lemon Thomson Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1916
- Fraad Contracting Co. v. BoydAppellate Division of the Supreme Court of the State of New York · 1915
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