George W. Maltby & Sons Co. v. Charles P. Boland Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles P. Boland Company, from that portion of an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 27th day of May, 1912, which strikes out the said defendant’s answer as against its codefendant, the Emma Willard School.
1Opinion of the Court
Houghton, J.:
The appellant, Charles P. Boland Company, entered into a contract with the defendant Emma Willard School (formerly the Troy Female Seminary) for the erection of certain buildings on real property belonging to it. The plaintiff, George W. Maltby & Sons Company, entered into a contract with the contractor to furnish the marble work. Not having been paid in full the plaintiff filed a mechanic’s lien and brought this action to foreclose the same, making the owner and contractor and other lienors parties.
The complaint contains the usual allegations to the effect that the plaintiff…
2Cases cited3 opinions
- Alyea v. Citizens' Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- Mellen v. Athens Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1912
- H.B.C. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
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- D&W Design, Inc. v. 360 Johnson, LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Herbert G. Martin, Inc. v. AlpersteinAppellate Division of the Supreme Court of the State of New York · 1950