Legal Opinion

Ætna Elevator Co. v. Deeves

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

Decided May 8, 1908PublishedCited by 9 opinions

Appeal by the plaintiff, the ¿Etna Elevator Company, from an order of the Appellate Term of the Supreme Court, bearing date the 29th day of November, 1907, and entered in the office of the clerk of the county of New York, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan in favor of the defendants. (See 56 Misc. Rep. 565, and 57 id. 632.)

1Opinion of the Court

Scott, J.:

The plaintiff seeks to impress and foreclose a mechanic’s lien upon real property. He has been unsuccessful in the Municipal Court and at the Appellate Term, and now appeals, by permission, to this court.

The defendants are the owners of the Everett House, an hotel, leased for a term of twenty-one years from March 7, ,1906, to the Everett House Company. The plaintiff, under a contract with the lessee, made certain small repairs to the elevator at the cost of §227.32. The Lien Law (Laws of 1897, chap. 418, § 3) gives a lien to a contractor or materialman who performs labor or…

2Cases cited6 opinions

  1. National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
  2. Hankinson v. . VantineNew York Court of Appeals · 1897
  3. Jones v. . MenkeNew York Court of Appeals · 1901
  4. Conant v. BrackettMassachusetts Supreme Judicial Court · 1873
  5. Butler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
  2. M & B Plumbing & Heating Co. v. CammarotaAppellate Division of the Supreme Court of the State of New York · 1984
  3. Eisenson Electric Service Co. v. WienNew York Supreme Court · 1961
  4. Wilson v. GevurtzOregon Supreme Court · 1917
  5. G & H Plumbing & Heating Co. v. Kew Management Corp.Civil Court of the City of New York · 1963

4 more not listed; retrieve them via the Exa API.

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