Berger Manufacturing Co. v. City of New York
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, affirming a judgment entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, affirming a judgment entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien. The city of New York entered into a contract with F. T. Nesbit & Company, a corporation, to erect an addition to a municipal building in the borough of Manhattan, and such company sublet a part of the contract to the American Structural Steel Company. The steel company entered upon the performance of its contract, but before the same was…
1Opinion of the CourtChase, J.
The Lien Law (Cons. Laws, ch. 33) provides that “At any time before the construction of a public improvement is completed and accepted by the state or by the municipal corporation, and. within thirty days after such completion and acceptance, a person performing work for or furnishing materials to a contractor, his sub-contractor, assignee or legal representative, may file a notice of lien * * (Section 12.)
The lien is upon “the moneys of the state or of such corporation applicable to the construction of such improvement, to the extent of the amount due or to become due on such contract, * *…
2Cases cited8 opinions
- Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
- Clarke v. HeylmanAppellate Division of the Supreme Court of the State of New York · 1903
- Hafker v. HenryAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Thirty-fifth Street & Fifth Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Mertz v. PressAppellate Division of the Supreme Court of the State of New York · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- EFCO Corp. v. U.W. Marx, Inc.Court of Appeals for the Second Circuit · 1997
- Harley v. . PlantNew York Court of Appeals · 1914
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- Aluma Systems, Inc. v. Frederick Quinn Corp.Appellate Court of Illinois · 1990
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
41 more not listed; retrieve them via the Exa API.