Eidlitz v. Rothschild
New York Supreme Court
Appeal from special term, New York county. Action by Charles L. Eidlitz against Jacob Rothschild and others to foreclose a mechanic’s lien. From an order denying a motion to strike out a portion of the reply, defendants appeal.
1Opinion of the CourtO’Brien, J.
This action was brought to foreclose a mechanic’s lien. Thé plaintiff, who was an electrical contractor, entered into a written contract with the appellant Rothschild on or about October 25, 1893, whereby he agreed to furnish the electrical light plant for the Hotel Majestic for a certain price. The complaint alleges performance of this contract, with the exception of certain work which plaintiff was prevented from doing, owing to his wrongful ejection from the premises by the defendant. The written contract is annexed to the complaint, marked “Exhibit A,” and made a part thereof. The…
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