Cattaberry v. Knox
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Louis Cattaberry, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of March, 1897,. denying his motion to set aside an order vacating and canceling his notice of lien. '
1Opinion of the Court
Patterson, J.:
The claimant’s motion to set aside the order of March -1, 1897, vacating and canceling the record of the notice of lien should have been granted. The lien was discharged upon an ex parte application on which it was represented to the court that the lienor had failed to comply with the requirements of a notice served by the owner pursuant to the 5th subdivision of section 24 of chapter 342 of the Laws of 1885. Upon the motion to vacate the order discharging the lien, it was shown that the lienor had, within the time limited, that is to say, within thirty days from the time of the…
2Cited by2 opinions
- Martin v. de CoppetNew York Supreme Court · 1909
- Renaud v. RenaudCourt of Appeals of Texas · 1986