Mushlitt v. . Silverman
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor ofplaintiffs, entered upon the report of a referee. This-action was brought for the enforcement of a’nechanic’s lien in Kings county, created under chap. 478, Lavs of 1862.-Thé creation of the lien in accordance with the itatute was conceded.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor ofplaintiffs, entered upon the report of a referee. This-action was brought for the enforcement of a’nechanic’s lien in Kings county, created under chap. 478, Lavs of 1862.-Thé creation of the lien in accordance with the itatute was conceded. On the 13th of April, 1870, about 10 a. m., defenlant served upon plaintiffs a notice requiring them on or beforeApril 13th, 1870, at 12 o’clock noon, to commence an acton for the enforcement of their lien. An affidavit of the service of such notice was…
1Opinion of the CourtAllen, J.
The act giving mechanics and others liens for labor and materials furnished in the construction of buildings in the county of Kings (Laws of 1862, chap. 478), in terms declares, that the lien shall be discharged by the omission of the lienor or claimant to file an affidavit of the issuing or service of the summons and complaint in an action to enforce the lien within thirty days after the day specified for the commencement of such action, in a notice which the owner is permitted to give, requiring an action to be commenced on or before a certain hour, on a day specified in such notice. (Act…
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