P. T. McDermott, Inc. v. Lawyers Mortgage Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 29, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The lienors had notice of the building loan mortgage. (Packard v. Sugerman, 31 Misc.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 29, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The lienors had notice of the building loan mortgage. (Packard v. Sugerman, 31 Misc. Rep. 623.) The agreement of October thirteenth was not the building loan agreement nor any part of it within the meaning of section 22 of the Lien Law. The five agreements of May 26, 1916, are the only building loan agreements. (Pennsylvania Steel…
1Opinion of the CourtPound, J.
This is an action to foreclose a mechanic’s lien upon certain real property consisting of city lots in Brooklyn. (Lien Law [Cons. Laws, ch. 33], § 3.) The judgment demanded is that, with other relief, the court settle and determine the equities of the parties and determine the priority of their claims. (Lien Law, § 45.) The plaintiff, respondent, is a lienor which dug the cellar and laid the foundations for buildings erected on the premises.
The work was done between December 9, 1915, and May 24, 1916, inclusive. Its notice of lien was filed on August 1, 1916. Defendants are the grantors,…
2Cases cited11 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Spruck v. . McRobertsNew York Court of Appeals · 1893
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Nanuet National Bank v. Eckerson Terrace, Inc.New York Court of Appeals · 1979
- Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
- HNC Realty Co. v. Golan Heights Developers, Inc.New York Supreme Court · 1974
- People v. RosanoAppellate Division of the Supreme Court of the State of New York · 1979
- Security National Bank v. Village Mall at Hillcrest, Inc.New York Supreme Court · 1976
18 more not listed; retrieve them via the Exa API.