J. V. Vrooman Sons Co. v. Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julian P. Eydiup and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Schenectady on the 10th day of August, 1916, upon the decision of the court after a trial before the court without a jury in an action to foreclose a mechanic’s lien.
1Opinion of the Court
Cochrane, J.:
This action was instituted in November, 1915, for the foreclosure of a mechanic’s lien.
The appellant Eydiup appeals because his lien though allowed in full has been denied priority. He was a laborer for daily wages as the trial court has found, and consequently is entitled to preference over all other lienors herein. (Lien Law, § 13.) His lien included labor performed after the " notice of lien was filed, but specified in the notice. This *438was allowable under subdivision 4 of section 9 of the Lien Law prior to the amendment thereto by chapter 507 of the Laws of 1916. (Vitelli v.…
2Cases cited3 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Vitelli v. MayAppellate Division of the Supreme Court of the State of New York · 1907
- Goodrich v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Genesee Lumber & Coal Co. v. BonarrigoAppellate Division of the Supreme Court of the State of New York · 1931
- Glatt v. Meade, New York County Courts1924