Legal Opinion

Anderson v. Falkenmayer

New York County Courts

Decided April 15, 1914Published

Action to enforce mechanic’s lien by Anton Anderson against Charles F. Falkenmayer and others. Judgment for plaintiff.

1Opinion of the CourtMoore, J.

[1] Clemente, on April 15, 1913, leased to Falkenmayer certain saloon premises for 10 years from May 1, 1913, at the *747rental of $720 per year for the first 2 years, $900 per year for the next 3 years, -and $960 per year for the balance of the term. The lease contained this provision:

“The said party of the second part [Falkenmayer] doth further covenant that during the term of the lease aforesaid that he will make all repairs necessary in the interior of the said premises.”

The plaintiff, upon the employment of Falkenmayer, furnished labor and materials, and proceeded to rip up old floor and put…

2Cases cited6 opinions

  1. National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
  2. Rice v. . CulverNew York Court of Appeals · 1902
  3. Tyndall v. . Pinelawn CemeteryNew York Court of Appeals · 1910
  4. Duncan v. China Mutual InsuranceNew York Court of Appeals · 1891
  5. Pearce v. KenneyAppellate Division of the Supreme Court of the State of New York · 1912

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