Legal Opinion

Fortunato v. Mayor of New York

New York Court of Common Pleas

Decided February 6, 1893PublishedCited by 1 opinion

Appeal from special term. Action by Maicho Fortunato against the mayor, aldermen, and commonalty of the city of New -York and others to foreclose a municipal mechanic’s lien. From an order opening a judgment recovered against the mayor, etc., to permit the mayor, etc., to oppose a motion which allowed defendant Dawson to amend his answer, defendants Dawson and the Twelfth Ward Bank appeal. Affirmed.

1Opinion of the CourtPryor, J.

The action is to foreclose a municipal mechanic’s lien, and to determine the amount and precedence of several claims against the city under a contract with one Dawson. As the case stood upon the pleadings, before the amendment complained of, the city Was a mere stakeholder; and the only question in litigation was to whom, in what order, and in what amounts the money due to Dawson from the city was to be paid. No claim whatever was made against the city for extra work. So the case was tried; but on its conclusion the referee allowed an amendment of Dawson’s answer, which authorized- a recovery…

2Cases cited9 opinions

  1. Ladd v. . StevensonNew York Court of Appeals · 1889
  2. Hatch v. . Central National BankNew York Court of Appeals · 1879
  3. Price v. . BrownNew York Court of Appeals · 1885
  4. Bockes v. . LansingNew York Court of Appeals · 1878
  5. Dinsmore v. AdamsNew York Supreme Court · 1874

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3Cited by1 opinion

  1. Burns v. WalshNew York Court of Common Pleas · 1895

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