Schultze v. . Goodstein
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 5, 1903, reversing a judgment in favor of defendant entered upon, a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 5, 1903, reversing a judgment in favor of defendant entered upon, a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It does not appear in the. order of the Appellate Division reversing the judgment of the trial court and granting a new trial that such reversal was upon the facts, and, therefore, it must be presumed that the reversal was for some error of law only. (Code Civ.…
1Opinion of the CourtVann, J.
This action was brought by the assignee of a contractor to foreclose a mechanic’s lien filed by him, and the main issues raised by the answer of the owner were that the contractor failed to perform his contract for the plumbing work and materials in a block of five dwellings, and that he procured the certificate of the architect required thereby through misrepresentation and fraud. A counterclaim was also set forth for the expense of necessary repairs made by the owner. The defendant Deng, as the assignee of a subcontractor who had filed a notice of lien, admitted the allegations of the…
2Cases cited6 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Spence v. . HamNew York Court of Appeals · 1900
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Bellizzi v. Huntley Estates, Inc.New York Court of Appeals · 1957
- Antonoff v. BassoMichigan Supreme Court · 1956
- Witherell v. LaskyAppellate Division of the Supreme Court of the State of New York · 1955
- Easthampton Lumber & Coal Co. v. WorthingtonNew York Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.