Giant Portland Cement Co. v. Barber Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, Barber Asphalt Paving Company and others, from parts of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 22d day of January, 1917, upon the decision of the court after a trial at the Monroe Special Term.
1Opinion of the Court
Kruse, P. J.:
The action is for foreclosure of mechanics’ liens for labor and material for State highway work. We handed down a decision at the May, 1918, term (184 App. Div. 929), holding that the provisions of the Lien Law for filing assignments of contracts did not apply to contracts for State highway work, *583following our decision in Armstrong v. State Bank of Mayville (177 App. Div. 265). But the Court of Appeals, in affirming the decision of the Third Department in General Fireproofing Co. v. Keepsdry Const. Co. (173 App. Div. 528; 225 N. Y. 180), overruled our decision in Armstrong v.…
2Cases cited8 opinions
- Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Riverside Contracting Co. v. City of New YorkNew York Court of Appeals · 1916
- William Bradley and Son v. . Henry Huber CompanyNew York Court of Appeals · 1914
- General Fireproofing Co. v. Keepsdry Construction Co.New York Court of Appeals · 1919
- Armstrong v. State Bank of MayvilleAppellate Division of the Supreme Court of the State of New York · 1917
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3Cited by2 opinions
- Merritt v. Dansmith Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Paine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920