Glens Falls Portland Cement Co. v. Schenectady County Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Schenectady County Coal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 22d day of December, 1913, as resettled by an order entered in said clerk’s office on the 15th day of January, 1914. The judgment was entered upon the decision of the court after a trial at the Schenectady Special Term in an action to foreclose a mechanic’s lien.
1Opinion of the Court
Lyon, J.:
The important question involved in this litigation, which was instituted to foreclose a mechanic’s lien, is whether the final payment by the owner to the contractor was made for the purpose of avoiding the provisions of section 7 of the Lien Law (Consol. Laws, chap. 33; Laws of 1909, chap. 38), which provided that “ Any payment by the owner to a contractor upon a contract for the improvement of real property, made prior to the time when, by the terms of the contract, such payment becomes due, for the purpose of avoiding the provisions of this article, shall he of no effect as against…
2Cases cited1 opinion
- Behrer v. McMillanAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Abe Schild Stone Corp. v. ApostleNew York Supreme Court · 1964
- J. W. Van Cott & Son v. GallonNew York County Court, Delaware County · 1937
- Maycumber v. WolfeNew York Supreme Court · 1958
- Streever Lumber Co. v. Mitchell & Congregation of Sharra TfilleAppellate Division of the Supreme Court of the State of New York · 1918
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