Legal Opinion

Martin v. Ambrose A. Gavigan Co.

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

Decided July 15, 1905PublishedCited by 5 opinions

Appeal by the plaintiff, Francis P. Martin, from a judgment of the Supreme Court in favor of the defendant, the Dominican Convent of -Our Lady of the Rosary, entered in the office of the clerk of the county of Rockland on the 9t'h day of June, 1904, upon the report of a referee, dismissing the complaint as to said defendant.

1Opinion of the Court

Miller, J.:

The question to be determined in this case is the sufficiency of the plaintiff’s notice of lien, which, so far as challenged, is as-follows:

“ (3) The name of the person by whom the lienor was employed or to whom he furnished or is to furnish materials is Ambrose A. Gavigan Co., and the person with whom the contract was made is Ambrose A. Gavigan Co. The amount of contract was $30,200.
“ (4) The labor performed or to be performed consisted of all the carpenter work for and upon a building on the premises described below, and the materials furnished or to be furnished is* the lumber,…

2Cases cited6 opinions

  1. Toop v. . SmithNew York Court of Appeals · 1905
  2. Mahley v. . German BankNew York Court of Appeals · 1903
  3. Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
  4. Clarke v. HeylmanAppellate Division of the Supreme Court of the State of New York · 1903
  5. Bossert v. FoxAppellate Division of the Supreme Court of the State of New York · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Felgenhauer v. HaasAppellate Division of the Supreme Court of the State of New York · 1907
  2. Meo v. Skellyway Construction Co.Appellate Division of the Supreme Court of the State of New York · 1968
  3. Hurley v. TuckerNew York Supreme Court · 1907
  4. Pascual v. Greenleaf Park Land Co.Appellate Division of the Supreme Court of the State of New York · 1926
  5. Zielinski v. HiltonNew York Supreme Court · 1929

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