Legal Opinion
Audley Clarke Co. v. W. F. Plass & Bro.
New York Supreme Court
Decided September 15, 1918PublishedCited by 4 opinions
Action to enforce a- lien for a public- improvement.
1Opinion of the CourtCropsey, J.
The action is to enforce a lien for a public improvement. The plaintiff furnished materials used in the construction of a state hospital. After its lien was filed it was bonded in the usual way, as provided by subdivision' 5 of section 21 of the Lien Law. The plaintiff’s first claim is that it is entitled to recover against the surety on that bond, regardless of its right to enforce its mechanic’s lien. But this contention is not sound. The law requires such a bond to be conditioned “ for the payment of any judgment which may be recovered in an action to enforce the lien.” Lien Law, § 21. The…
2Cases cited8 opinions
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Herrmann Grace v. . HillmanNew York Court of Appeals · 1911
- Wexler v. RustAppellate Division of the Supreme Court of the State of New York · 1911
- Harley v. Mapes Reeves Construction Co.New York Supreme Court · 1901
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3Cited by4 opinions
- Laski v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Audley Clarke Co. v. W. F. Plass & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkDistrict Court, W.D. New York · 1930
- Wehle Electric Co. v. KallockNew York Supreme Court · 1938