Simonelli v. A. L. Guidone & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, National Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of May, 1921, upon the decision of the court rendered after a trial at the Kings Special Term.
1Opinion of the Court
Kelly, J.:
This was an action to foreclose a mechanic’s lien for $5,537.25 upon money due from the defendant City of New York to a con*45tractor defendant, Guidone and Son, for a public improvement. (Lien Law, § 5, added by Laws of 1911, chap. 873, as amd. by Laws of 1916, chap. 507.) The lien was filed with the comptroller of the city of New York and in the office of the department of public charities on August 2, 1918. (Lien Law, § 12, added by Laws of 1911, chap. 873, as amd. by Laws of 1916, chap. 507.) Thereafter the contractor as principal, and appellant National Surety Company as suretjq…
2Cases cited7 opinions
- Harley v. . PlantNew York Court of Appeals · 1914
- Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
- Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Audley Clarke Co. v. W. F. Plass & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1919
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3Cited by3 opinions
- Hall v. Carl G. Ek & Son Construction Co.Appellate Division of the Supreme Court of the State of New York · 1963
- J. Castronovo, Inc. v. Hillside Development Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Johnson v. Thomas Breen Co.New York Supreme Court · 1931