General Fireproofing Co. v. Keepsdry Construction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1916, modifying and affirming as modified a judgment in favor of defendant, appellant, entered upon a decision of the court on trial at Special Term. The action was brought to foréclose a mechanic’s hen.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1916, modifying and affirming as modified a judgment in favor of defendant, appellant, entered upon a decision of the court on trial at Special Term. The action was brought to foréclose a mechanic’s hen. On November 15, 1914, the Keepsdry Construction Company made a contract with the trustees of public buildings of the state of New York for furnishing and equipping locker and document rooms and for repairs, furnishing and equipping of the assembly chamber in the capitol at…
1Opinion of the CourtCuddeback, J.
The defendant, New York State National Bank, contends that section 16 of the Lien Law (Cons. Laws, ch. 33), has no application to public' improvements upon state property, but concerns only municipal property and municipal corporate money.
Section 16 of the Lien Law reads as follows:
“§ 16. No assignment of a contract for the performance of labor or the furnishing of materials for a public improvement, or of the money, or any part thereof, due, or to become due, therefor, nor an order drawn by the contractor or sub-contractor upon the municipal corporation, or the head of the department or…
2Cases cited2 opinions
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Armstrong v. State Bank of MayvilleAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by9 opinions
- Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
- Albany Builders' Supply Co. v. Eastern Bridge & Structural Co.New York Court of Appeals · 1923
- Glens Falls Portland Cement Co. v. Van Wirt Construction Co.New York Supreme Court · 1928
- Giant Portland Cement Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Srogi v. CahillNew York Supreme Court · 1972
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