Reedy Elevator Co. v. Monok Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna C. Farrell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of May, 1919, upon the decision of the court after a trial at the Kings County Special Term sustaining plaintiff’s mechanic’s lien for $250 with interest and costs, and awarding a personal judgment against the appellant.
1Per curiam
After our reversal of the prior judgment the cause went back to adjust the equities (171 App. Div. 653). The opinion explained as the reason that “ other liens may be involved.” The Special Term was to adjust the equities under section 45 of the Lien Law. Such other lien was that of the Felber Engineering Works, which by its answer had made itself a necessary party (Lien Law, § 44) to any judgment in this action. The Felber Engineering Works had not appeared on that trial, but the record showed no proof of service of a notice of trial upon its attorney, so as to constitute it in legal…
2Cases cited2 opinions
- Reedy Elevator Co. v. Monok Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Hinkle v. SullivanAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Scriven v. Maple Knoll Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1974