Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Dunmore Realty Company, in the first above-entitled action and by the defendant, John L. Murray, in tlie second above-entitled action, each from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered respectively in the office of the clerk of the county of Mew York on the 28th and 24th days of February, 1908, in each case upon the decision of the court rendered after a trial at the Mew York Special Term.
1Opinion of the Court
Scott, J.:
These are separate appeals by the defendants Dunmore Realty Company, and John L. Murray from interlocutory judgments overruling their separate demurrers to the complaint. It will be convenient to consider both appeals together.
The action is to foreclose a mechanic’s lien upon certain real property owned by the Dunmore Realty Company, and leased to the defendant Murray. The lien is claimed for materials furnished and work, labor and services rendered under a contract between the plaintiff and John L. Murray. The interest of the Dunmore Realty Company in the real property is sought to…
2Cases cited6 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Phillip v. . GallantNew York Court of Appeals · 1875
- New York Elevator Supply & Repair Co. v. BremerAppellate Division of the Supreme Court of the State of New York · 1902
- Tate v. American Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1906
- New York Elevator Supply and Repair Company v. . BremerNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brescia Construction Co. v. Walart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Brescia Construction Co. v. Walart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Bullinger v. Interboro Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1920
6 more not listed; retrieve them via the Exa API.