Wahle-Phillips Co. v. Fitzgerald

The plaintiff sues to foreclose a mechanic’s lien against the fee interest of the defendant Fitzgerald. Other defendants who were tenants — under a lease from the owner of the land—defaulted on the trial. On the 20th day of September, 1909, the owner leased the corner plot of land at Broadway and Forty-third street to Frank R. Tate and the Broadway and Forty-third Street Building Company. Tate thereafter assigned his interest in the lease to the defendant company. A substantial fireproof building, under the terms of the lease, was to be erected thereon, and a theatre was to occupy the entire…