Borkstrom v. Ryan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Peter J. Byan and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of April, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, in an action to foreclose a mechanic’s lien.
1Opinion of the Court
Scott, J.:
The defendant Byan had a contract for the alteration of and the building of an addition to Public School No. 32 in the city of New York. He made a sub-contract to furnish, erect and. finish all the structural and ornamental iron work required under the first-mentioned contract. The plaintiff in turn made a sub-contract, with one Thacke to do the setting of the iron. Byan’s contract with the city-contained a time limit, but no time limit was included, in terms, in the contract between the plaintiff and Byan. The .work which Byan reserved to- .perform himself and that which plaintiff…
2Cited by3 opinions
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- Rosen v. BonagurAppellate Terms of the Supreme Court of New York · 1913