Swasey v. Granite Spring Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Granite Spring Water Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of February, 1913, upon the decision of the court after a trial at the Westchester Special Term.
1Opinion of the Court
Jenks, P. J.:
Although an architect cannot have a mechanic’s hen for his plans, it seems to be settled in this court that if he superintend work done under such plans he may assert such lien. (Rinn *550v. Electric Power Co., 3 App. Div. 305. See, too, Thompson-Starrett Co. v. Brooklyn Heights Realty Co., 111 App. Div. 358.) Consequently the plaintiff was bound to establish this relation between plans and specifications and superintendence. ■ But he testifies: “There was such a rush for the work that we had to do the work while the plans were being made. In order to start the work immediately I got…
2Cases cited2 opinions
- Rinn v. Electric Power Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Thompson-Starrett Co. v. Brooklyn Heights Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906