Carney v. Reilly
Appellate Terms of the Supreme Court of New York
Appeal from affirmance by tbe General Term of the City Court of Rew York of a judgment rendered by the Court at Trial Term-without a jury, in favor of the plaintiff, In an action brought to foreclose a mechanic’s lien.
1Opinion of the CourtBischoff, J.
The plaintiff, a subcontractor, brought this action to foreclose a mechanic’s lien against the premises No. 40 Market street, owned by the appellant, for lathing and plastering work done under a contract with the principal contractor, his right to a lien depending upon the existence of an indebtedness due the contractor from the owner to which his claim could attach. The owner appeals from the judgment in favor of the plaintiff, contesting the allowance of items for- extra work alleged to have been performed by the contractor and. contending that her counterclaim or setoff, based upon an…
2Cases cited2 opinions
- Gleason v. ThomAppellate Terms of the Supreme Court of New York · 1896
- Gorham v. . InnisNew York Court of Appeals · 1889
3Cited by7 opinions
- Kraus v. J. H. Mohlman Co.Appellate Terms of the Supreme Court of New York · 1896
- Salerno v. Vogt, New York County Courts1912
- Frischman v. ZimmermannAppellate Terms of the Supreme Court of New York · 1896
- Craswell v. New York & South Brooklyn Ferry & Steam Transportation Co.Appellate Terms of the Supreme Court of New York · 1899
- Craswell v. New York & South Brooklyn Ferry & Steam Transportation Co.Appellate Terms of the Supreme Court of New York · 1899
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