Friedman v. Lowenstein
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Samuel Friedman and another against Rachael Lowenstein and another. From a judgment for defendants on a trial without a jury, plaintiffs appeal. Affirmed in part and reversed in part for new trial.
1Opinion of the CourtPage, J.
This action was brought to foreclose a mechanic’s lien. The defendants, having moved to dismiss the complaint, rested without offering evidence. The justice, after taking the matter under advisement, gave judgment for the defendants.
[1] The work, so far as the contract was concerned, was completed on July 28, 1910. Some work appears to have been done subsequently, but for this no charge was made. The notice of lien was filed November 29, 1910. Plaintiffs therefore acquired no lien upon the premises, and the dismissal of the action as against Jennie Goldsmith, the present owner of the…
2Cases cited2 opinions
- Jones v. MooresNew York Supreme Court · 1893
- Landsberg & Co. v. Hein Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909