Legal Opinion

Uvalde Asphalt Paving Co. v. City of New York

New York Court of Appeals

Decided February 25, 1908PublishedCited by 8 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1906, 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. The learned trial court erred in allowing an amendment to the complaint radically changing the nature of the action.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1906, 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. The learned trial court erred in allowing an amendment to the complaint radically changing the nature of the action. (Hotaling v. Marsh, 132 N. Y. 29.) The judgment appealed from is erroneous in that it gives the plaintiff a mechanic’s lien, not for labor and materials, but for…

1Opinion of the CourtGray, J.

' In this action to foreclose a mechanic’s lien the plaintiff has recovered a judgment, adjudging that it had a “ valid lien on the moneys dpe from the city of New York to the defendants, Sigretto and Mannino ”, and awarding a personal judgment against them for the whole amount claimed. The notice of lien filed by the plaintiff described its claim in this way : “ Cash advanced for labor and materials furnished, to wit: Asphalting the openings, (for certain sewer work in Brooklyn), supplying broken stone and cement and the agreed price and value thereof is $3,578.65 ”. It was conceded, in…

2Cited by8 opinions

  1. Tri-State Employment Services, Inc. v. The Mountbatten Surety Company, Inc.Court of Appeals for the Second Circuit · 2002
  2. Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
  3. Tri-State Employment Services, Inc. v. Mountbatten Surety Co.New York Court of Appeals · 2003
  4. Cummings v. . Broadway-94th Street Realty Co.New York Court of Appeals · 1922
  5. Troy Public Works Co. v. City of YonkersNew York Supreme Court · 1910

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