Legal Opinion
Arr-Em Plastering Corp. v. 515 East 85th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 8, 1966PublishedCited by 4 opinions
1Opinion of the CourtMcNally, J.
The question presented is whether a subcontractor which has validly waived its right to file a mechanic’s lien may acquire such right, after it has performed the work and furnished the materials claimed for, upon the contractor’s oral consent to the elimination of the waiver provision contained in the written contract between the contractor and the subcontractor without the knowledge or consent of the owner.
Defendant-appellant 515 East 85th Street O'orp. owns premises 511-517 East 85th Street in the Borough of Manhattan. Appellant on December 5, 1961 entered into a lease-contract with…
2Cases cited5 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Clark v. . WestNew York Court of Appeals · 1908
- Cummings v. . Broadway-94th Street Realty Co.New York Court of Appeals · 1922
- Arrow Builders Supply Corp. v. Hartsdale Town House, Inc.New York Supreme Court · 1957
3Cited by4 opinions
- Beacon Construction Company, Inc. v. Matco Electric Company, Inc., D/B/A Dwyer Electric Co., Inc.Court of Appeals for the Second Circuit · 1975
- Welsbach Elec v. Mastec N. AmNew York Court of Appeals · 2006
- Welsbach Electric Corp. v. MasTec North America, Inc.New York Court of Appeals · 2006
- Rotodyne, Inc. v. Consolidated Edison Co.New York Supreme Court · 1975