Legal Opinion
Lehigh Structural Steel Co. v. Nyack Kennel Club
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1939Published
1DissentJohnston, J.
The statute requires that a notice of hen shall state “ The * * * materials furnished and the agreed price or value thereof.” (Lien Law, § 9, subd. 4.) It has been held that if the notice of hen does not expHcitly or by plain inference state the agreed price or value of the material furnished it is invahd. (Finn v. Smith, 186 N. Y. 465; Pascual v. Oreenleaf Park Land Co., 245 id. 294.) Concededly the notices in the instant case do not expHcitly state the agreed price or value of the material furnished at the time of the filing thereof. The Hens state: “ The amount unpaid to the Henor for said…
Also in this document: Concurrence.
2Cases cited7 opinions
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Finn v. . SmithNew York Court of Appeals · 1906
- Bachmann v. SpinghelAppellate Division of the Supreme Court of the State of New York · 1914
- Brescia Construction Co. v. Walart Construction Co.New York Court of Appeals · 1937
- Brescia Construction Co. v. Walart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1936
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