La Pasta v. Weil
Appellate Terms of the Supreme Court of New York
Appeal by defendant Weil from affirmance by the City Court, General Term, of a judgment for the foreclosure of a mechanic’s lien, etc.
1Opinion of the CourtMcAdam, J.
The notice filed by the plaintiff to acquire a lien sets forth that the person by whom he was employed, and for whom the work was done, was John McNally, and that the property was owned by Samuel Weil. No reference is in any manner made to any personal claim against Weil. The complaint charges .that the work was done for McNally, and that the latter had a,contract therefor with Weil, so that the action was apparently one by a mechanic to foreclose a subcontractor’s lien,
*556The owner pleaded nonperformance of the contract by McNally, and that it cost him $5,000 over and above, the contract price…
2Cases cited4 opinions
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Lemieux v. EnglishAppellate Terms of the Supreme Court of New York · 1897
- Mosher v. LewisAppellate Division of the Supreme Court of the State of New York · 1897
- Ross v. SimonNew York Court of Common Pleas · 1890
3Cited by1 opinion
- Butler v. Aquehonga Land Co.Appellate Division of the Supreme Court of the State of New York · 1903