Legal Opinion

Kane v. Hutkoff

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 10 opinions

Appeal by the defendant, Nathan Hutkoff, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of July, 1902^ upon the decision of the court rendered after a trial at the New York Special Term:

1Opinion of the Court

Ingraham, J.:

The action was brought to foreclose a mechanic’s lien. The complaint alleges that defendant Hutkoff made a contract with the defendant Berwick whereby Berwick agreed to construct a cellar and to furnish and provide all the necessary materials therefor in the dwelling house on the premises of Hutkoff before described; that Berwick was to be paid by Hutkoff in installments as the work progressed and the balance upon completion of contract; that at the time the notice of lien was filed Berwick had performed part of the conditions of said contract and so far completed same as to…

2Cited by10 opinions

  1. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947
  3. Pearce v. KenneyAppellate Division of the Supreme Court of the State of New York · 1912
  4. McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
  5. Daxe v. HajekAppellate Terms of the Supreme Court of New York · 1907

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