Legal Opinion
Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.
New York Court of Appeals
Decided November 2, 1967PublishedCited by 46 opinions
1Opinion of the CourtBreitel, J.
Plaintiff Dittmar Explosives, an unpaid materialman, appeals from dismissal, after a nonjury trial, of its action to foreclose a mechanic’s lien against the general contractor and its surety. The Appellate Division affirmed the dismissal by a divided court. (Plaintiff was awarded judgment for $9,218.23 against its insolvent vendee, a subcontractor.) The ground for dismissal was that the lien had lapsed for failure to comply with section 18 of the Lien Law requiring that an action be brought and a notice of pendency be filed within the six months prescribed by the statute.
It is concluded that…
2Cases cited11 opinions
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Triple Cities Constr. Co. v. Dan-Bar Contracting Co., Inc.New York Court of Appeals · 1955
- Davis & Warshow, Inc. v. S. Iser, Inc.New York Supreme Court · 1961
- Feizi v. Second Russian InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Kimso Apartments, LLC v. Mahesh GandhiNew York Court of Appeals · 2014
- Wall Street Associates v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1999
41 more not listed; retrieve them via the Exa API.