Legal Opinion

Brescia Construction Co. v. Walart Construction Co.

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

Decided June 20, 1935PublishedCited by 8 opinions

1Opinion of the CourtUntermyer, J.

The plaintiff, a contractor, brings this action to foreclose a mechanic’s hen against real property owned by the *106defendant Walart Construction Company, Inc. The New Amsterdam Casualty Company was made a defendant for the reason that it had furnished the usual statutory bond to discharge the hen.

After joinder of issue by the interposition of answers by both defendants, the owner, pursuant to a provision contained in its contract with the plaintiff, demanded and secured arbitration of ■the amount due under the construction' contract. The arbitration resulted in an award in favor of the…

2Cases cited10 opinions

  1. Douglass v. HowlandNew York Supreme Court · 1840
  2. Morton v. . TuckerNew York Court of Appeals · 1895
  3. Conner v. . ReevesNew York Court of Appeals · 1886
  4. Douglass v. . FerrisNew York Court of Appeals · 1893
  5. Brescia Construction Co. v. Walart Construction Co.New York Court of Appeals · 1934

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. S.D.I. Corp. v. Fireman's Fund Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 1994
  2. Firedoor Corp. of America, Inc. v. Merlin Industries, Ltd.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Shapiro v. Marstone Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  4. Brescia Construction Co. v. Walart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1936
  5. Sette-Juliano Contracting, Inc. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API