Legal Opinion

Smith v. Fleischman

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

Decided December 15, 1897PublishedCited by 12 opinions

Appeal by the defendant, Joseph Fleisehman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 18th day of March, 1897, upon the decision of the court' rendered after a trial at the Hew York Special Term.

1Opinion of the Court

Patterson, J.:

This is an appeal from a judgment in favor of the plaintiff" in an action to foreclose a mechanic’s lien. It was determined in the court below that the plaintiff had an enforcible lien upon the leasehold interest* of the defendant in the premises mentioned in the judgment, and it was directed that such interest be sold and that, out of the proceeds thereof, the plaintiff be paid the amount- of his lien with various costs and charges in addition thereto. It appeared in evidence that the plaintiff and the defendant Fleisehman entered into a contract in writing by which the…

2Cases cited6 opinions

  1. Chapman v. RobertsonNew York Court of Chancery · 1837
  2. MacKellar v. . RogersNew York Court of Appeals · 1888
  3. Raven v. SmithNew York Supreme Court · 1893
  4. Schillinger Fire Proof Cement & Asphalt Co. v. ArnottNew York Court of Appeals · 1897
  5. In re Gould Coupler Co.New York Supreme Court · 1894

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

3Cited by12 opinions

  1. Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
  2. Arnot v. NevinsAppellate Division of the Supreme Court of the State of New York · 1899
  3. Pearce v. KenneyAppellate Division of the Supreme Court of the State of New York · 1912
  4. Ettlinger v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1907
  5. Gersmann v. WalpoleAppellate Terms of the Supreme Court of New York · 1913

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

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