Legal Opinion

McDermott v. McDonald

The Superior Court of New York City

Decided March 3, 1884Published

Appeal in an action, begun under the provision of chapter 315 Laws of 1878, in relation to the enforcement of claims, upon money due by the city of New York to contractors. The appeal is by defendants whose claim was by the judgment postponed to the claim of respondents, other defendants. The plaintiff had filed his claim, brought an action within ninety days from the time of such filing and within the same time, filed notice of pendency of the action.

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Appeal in an action, begun under the provision of chapter 315 Laws of 1878, in relation to the enforcement of claims, upon money due by the city of New York to contractors. The appeal is by defendants whose claim was by the judgment postponed to the claim of respondents, other defendants. The plaintiff had filed his claim, brought an action within ninety days from the time of such filing and within the same time, filed notice of pendency of the action. He made the appellants and respondents parties. Before the beginning of this action the appellants and respondents had filed claims. Before…

1Opinion of the Court

By the Court.—Sedgwick, Ch. J.

I think the learned referee was correct in his construction of the statute.

The statute has, as is usual in such cases, matters that require construction. Section4 declares that “nolien provided for in this act shall be binding upon the property therein described, unless an action be commenced within ninety days from the filing of the same, and a notice of pend-ency of said action be filed with the financial officer óf said city.” This, however, cannot mean that during the ninety days there is no lien or claim, for the next section declares that the lien shall…

2Cases cited1 opinion

  1. Noyes v. BurtonNew York Supreme Court · 1859

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