Legal Opinion

Contractors' Supply Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1912PublishedCited by 5 opinions

Appeal by the plaintiff, The Contractors’ Supply Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 6th day of March, 1912, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

This is an action to foreclose a mechanic’s lien upon the moneys due for a municipal improvement.

On or about September 13, 1909, the firm of Paladino & Papa made a contract with the city of Néw York for the construction of a sewer. Thereafter and on April 26, 1910, the said firm assigned the contract to Joseph Paladino, who entered upon the performance of the work and, in due course, completed it. Between May 21 and June 22, 1910, plaintiff sold and delivered to said Paladino certain sewer pipes and tubing of the value of $498.22, for which he agreed to pay but did not. On June 16,…

2Cases cited5 opinions

  1. Heckmann v. . PinkneyNew York Court of Appeals · 1880
  2. Lauer v. . DunnNew York Court of Appeals · 1889
  3. Brace v. . City of GloversvilleNew York Court of Appeals · 1901
  4. Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
  5. Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. Armstrong v. State Bank of MayvilleAppellate Division of the Supreme Court of the State of New York · 1917
  2. Merchants National Bank v. LongNew York Supreme Court · 1920
  3. Richman v. City of New YorkNew York Supreme Court · 1915
  4. C. T. Willard Co. v. City of New YorkNew York Supreme Court · 1913
  5. Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916

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