Legal Opinion

Thompson-Starrett Co. v. Brooklyn Heights Realty Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1906PublishedCited by 5 opinions

Appeal by the plaintiff, the Thompson-Starrett Company, from • a judgment of the Supreme Court in favor of the defendant, -entered in the office of the clerk of the county of Kings on the 6th day of ■May; 1905, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint upon the merits.

1Opinion of the Court

Rich, J.:

This is an appeal from a judgment dismissing the plaintiff’s complaint. The action was brought to foreclose a mechanic’s lien. The defendant was the owner of real property in the borough of Brooklyn, upon which were old buildings. On March 9, 1904, it entered into a contract with the plaintiff, in which the latter undertook and agreed to furnish all the materials and perform all the labor necessary and required for the erection and completion of an apartment hotel upon said premises for the sum of $892,500. Under the provisions of this contract the plaintiff caused the buildings to…

2Cases cited3 opinions

  1. Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
  2. Rinn v. Electric Power Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Mowbray v. LevyAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. Goldberger-Raabin, Inc. v. 74 Second Avenue Corp.New York Court of Appeals · 1929
  2. Gaastra v. Bishop's Lodge Co.New Mexico Supreme Court · 1931
  3. Otto L. Spannhake, Inc. v. Mountain Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
  4. Spannhake v. Mountain Construction Co.Appellate Terms of the Supreme Court of New York · 1912
  5. Swasey v. Granite Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1913

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