Schenectady Contracting Co. v. Schenectady Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Schenectady Contracting Company, from an interlocutory judgment of the Supreme Court in favor of the defendant Guy M. Gest, entered in the office of the clerk of the county of Schenectady on the 8th day of November, 1904, upon an order made at the Schenectady Special Term and entered in said clerk’s office on the 12th day of November, 1904, sustaining the demurrer of the defendant Gest to the plaintiff’s complaint, and also (as stated in the…
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Appeal by the plaintiff, the Schenectady Contracting Company, from an interlocutory judgment of the Supreme Court in favor of the defendant Guy M. Gest, entered in the office of the clerk of the county of Schenectady on the 8th day of November, 1904, upon an order made at the Schenectady Special Term and entered in said clerk’s office on the 12th day of November, 1904, sustaining the demurrer of the defendant Gest to the plaintiff’s complaint, and also (as stated in the notice of appeal) from the said order upon which the judgment appealed from was entered. The action is brought to foreclose…
1Opinion of the Court
Chase, J.:
The appeal from the order should be dismissed. (Rowe v. Rowe, 103 App. Div. 100.)
The Lien Law (Laws of 1897, chap. 418, § 9) requires that the notice of lien must be verified by the lienor, or his agent, to the effect that the statements therein contained- are true to his knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
*338The notice of mechanic’s lien must substantially comply with the statute which authorizes the lien. (Toop v. Smith, 181 N. Y. 283.) The notice of lien filed by the…
2Cases cited7 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
- Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Steuerwald v. GillAppellate Division of the Supreme Court of the State of New York · 1903
- Ryan v. TrainAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Abbott v. . EastonNew York Court of Appeals · 1909
- In re James Passero & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Bell & Zajicek, Inc. v. Heyward-Robinson Co.Connecticut Superior Court · 1962
- Indiana Quarries Co. v. SimmsCourt of Appeals of Kentucky · 1914
- Traub v. Arrow Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1923
8 more not listed; retrieve them via the Exa API.