Legal Opinion

Gribben v. Hoare

Appellate Terms of the Supreme Court of New York

Decided May 15, 1907Published

Appeal from a judgment in favor of the defendants sustaining a demurrer to the complaint, rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.

1Opinion of the CourtSeabury, J.

This is an appeal from a judgment sustaining a demurrer to a complaint. The action was brought to foreclose a mechanic’s lien and the demurrer is upon the ground that it fails to state facts sufficient to constitute a cause of action. The lien was filed by the plaintiff as a laborer against the defendant Hoare as subcontractor, the defendant Zimmerman as contractor and the defendant Gilder as owner of the premises for the improvement of which the labor of the plaintiff was performed. All of the defendants except Hoare demurred to the complaint and are respondents upon this appeal. Section 47…

2Cases cited2 opinions

  1. Ball & Wood Co. v. Jonathan Clark & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1898
  2. Siegel v. EhrshowskyAppellate Terms of the Supreme Court of New York · 1905

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