Lehretter v. Koffman
New York Court of Common Pleas
The plaintiff commenced a suit, alleging in his complaint that he was the owner of a certain block of houses; that three liens had been docketed for work and labor performed towards their erection; that upon the two first liens, no proceedings had been taken by the claimants to bring them to a close ; that, as respects the last, a notice had been served requiring the plaintiff to appear in the marine court, and submit to an accounting and settlement; and that the two liens…
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The plaintiff commenced a suit, alleging in his complaint that he was the owner of a certain block of houses; that three liens had been docketed for work and labor performed towards their erection; that upon the two first liens, no proceedings had been taken by the claimants to bring them to a close ; that, as respects the last, a notice had been served requiring the plaintiff to appear in the marine court, and submit to an accounting and settlement; and that the two liens previously docketed exceeded in amount the sum due by him to his contractor. Upon these facts, he moved at the special…
1Opinion of the CourtDaly, J.
There is no ground for interfering by injunction to restrain the prosecution of the suit in the marine court. If *665there are prior liens sufficient to absorb the funds remaining in the hands of the owner, it is a good defence to that suit. It was a defence under the former lien law, and must equally be a defence under the present act. If the existence of prior liens is set up as a bar to an action brought for the enforcement of a subsequent lien, the claimant in that action may deny their validity, (a) and if he succeeds in impeaching them, take judgment for the amount of his lien, if there is…
2Cited by1 opinion
- Wolfe v. . BurkeNew York Court of Appeals · 1874