Entenman v. Anderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Anna Anderson and others, from an ^'interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of May, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the demurrer interposed by the defendant Anna Anderson to the plaintiff’s complaint.
1Opinion of the Court
Miller, J.:
It is impossible to spell out a cause of action from this complaint without indulging in surmise and speculation. A complaint in an action to foreclose a mechanic’s lien should at least allege sufficient facts to show that the lien sought to be foreclosed was a valid lien and that the interest of the parties sought to be affected was subject to it. The statute gives a contractor, sub-contractor, laborer or material man who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his -agent, contractor…
2Cited by3 opinions
- Naber Electric Corp. v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Greenwich Excavating & Construction, Inc. v. Mark J. MacDonald Plumbing & Heating, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Miller v. T.A. & J.M. General Contractors, Inc.New York Supreme Court · 1984