Legal Opinion

American Tube Works v. Edward V. McGovern Corp.

New York Supreme Court

Decided March 30, 1937Published

1Opinion of the CourtCotillo, J.

On November 29, 1933, plaintiff filed a mechanic’s lien for the sum of $835.67 for materials furnished in connection with the construction of a public project. There was due and owing to the general contractor at that time the sum of $1,500. On the very date of the filing of the hen a check in that amount was mailed to the general contractor. Due to the filing of plaintiff’s hen payment was stopped on that check. On December 12, 1933, an order was obtained pursuant to subdivision 6 of section 21 of the Lien Law, directing the Comptroller to set aside and withhold the sum of $1,020 from the…

2Cases cited4 opinions

  1. Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
  2. Alberene Stone Co. v. Board of EducationNew York Supreme Court · 1934
  3. Alberene Stone Co. v. Grinnell Co.Appellate Division of the Supreme Court of the State of New York · 1935
  4. Bethlehem Fabricators, Inc. v. Wills, Taylor & Mafera Corp.New York Court of Appeals · 1936

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