Conolly v. Hyams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry A. Conolly, as surviving partner of the firm of E. D. Conolly & Sons, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 4th day of August, 1899, upon the report of a referee ; also an appeal by the defendant, Rosalie Hyams, as executrix, etc., of Joel E. Hyams, deceased, from so much of the judgment as dismissed the plaintiff’s complaint without costs.
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mechanic’s lien. The complaint was dismissed without costs) . Both parties appeal; the plaintiff from so much of the judgment as dismissed the complaint, and the defendant from so much as refused costs to her. The plaintiffs contracted to put up a building for the defendant’s testator at a certain price, to be paid in installments. It was provided in the contract that.a certificate should be obtained from and signed by the architect before an installment should become payable. The action was brought to recover the last installment. The *593plaintiff…
2Cases cited1 opinion
- Weeks v. . O'BrienNew York Court of Appeals · 1894
3Cited by4 opinions
- In re Selwyn Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1918
- Ruegamer v. CieslinskieAppellate Division of the Supreme Court of the State of New York · 1905
- Stowell Motor Car Co. v. HullNew York Supreme Court · 1921
- Smith v. CaryAppellate Division of the Supreme Court of the State of New York · 1914