Legal Opinion

Mechanic's Lien of Boland v. Sokolski

New York Supreme Court

Decided November 15, 1907PublishedCited by 1 opinion

Motion by the assignee of lienor to disallow the justification of sureties on an undertaking given by the owner of certain real property for the purpose of cancelling a mechanic’s lien.

1Opinion of the CourtGiegerich, J.

The question is whether notice of justification of sureties upon an undertaking given to discharge a mechanic’s lien must be personal or whether it is sufficient to leave such notice at the place of residence of the lienor with a person of suitable age and to mail copies thereof to the lienor. The Legislature has power to say that th^s notice required as a condition precedent to the doing of an act may be given'by publication or by leaving‘it at the place of business or dwelling house of the party to be notified, but in the absence of such legislative provision such notice must be personal.…

2Cases cited3 opinions

  1. Rathbun v. AckerNew York Supreme Court · 1854
  2. Kerr v. . McGuireNew York Court of Appeals · 1863
  3. Mitchell v. ClaryAppellate Terms of the Supreme Court of New York · 1897

3Cited by1 opinion

  1. Stevens v. StateAppellate Division of the Supreme Court of the State of New York · 1950

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