Conolly v. . Hyams
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Section 405 of the Code of Civil Procedure, permitting in case of dismissal of the complaint, but not oil the merits, the commencement of a new action after the expiration of the limitation, does not apply to an action brought under a special law creating a right of which time is…
1Opinion of the CourtCullen, J.
The action was brought to foreclose a mechanic’s lien on real property situated in the city of Hew York. There is but one question presented by this appeal which survives the unanimous decision by the Appellate Division, that is, whether the plaintiff’s lien had been lost prior to the commencement of this action. Notice of the lien was duly filed on the 24th day of January, 1889. The plaintiff commenced an action in the Court of Common Pleas to foreclose such lien on February 15, 1889. In that action the plaintiff was defeated for failure to produce a certificate from the architect of the…
2Cases cited4 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Hayden v. . PierceNew York Court of Appeals · 1895
- Titus v. . PooleNew York Court of Appeals · 1895
3Cited by23 opinions
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
- George v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1921
- Kansas City Hydraulic Press Brick Co. v. National Surety Co.Court of Appeals for the Eighth Circuit · 1909
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