Legal Opinion

Person v. Stoll

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal, by the defendants, Joseph A. Stoll and another, from a judgment of the Supreme Court in favor of the plaintiff and the defendant lienors, entered in the office of the clerk of the county of New York on the 2d day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, decreeing the foreclosure of a number of mechanic’s, liens and directing a personal judgment in favor of each lienor against the defendant owner and his…

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Appeal, by the defendants, Joseph A. Stoll and another, from a judgment of the Supreme Court in favor of the plaintiff and the defendant lienors, entered in the office of the clerk of the county of New York on the 2d day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, decreeing the foreclosure of a number of mechanic’s, liens and directing a personal judgment in favor of each lienor against the defendant owner and his surety for any deficiency arising upon such .foreclosure.

1Opinion of the Court

Hatch, J.:

The defendant Stoll was the owner of certain premises situate at the northeast corner of One Hundred and Seventieth street and Broadway in the borough of Manhattan. On these premises he erected a seven-story apartment house of modern character, and in connection with such erection he entered into a contract with Kelly and Waterbury, composing the firm of L. Kelly & Co., to do all the plaster work in such building. The last-named firm contracted with the plaintiff Person and the defendant Getler to furnish a part of the material necessary in the performance of their contract, which…

2Cases cited4 opinions

  1. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  2. William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
  3. Mack v. ColleranNew York Court of Appeals · 1892
  4. Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. Brown v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1915
  2. Regal Lumber Co. v. Buck, New York County Courts1993
  3. Lifshitz v. MinskerCity of New York Municipal Court · 1910

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