American Radiator Co. v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1917, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mechanic’s lien of the plaintiff attached to the sum or earned payment of $2,362.50 in the hands of the city of New York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1917, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mechanic’s lien of the plaintiff attached to the sum or earned payment of $2,362.50 in the hands of the city of New York. (L. 1909, ch. 38, § 5; Foshay v. Robertson, 137 N. Y. 134; Van Clief v. Van Vechten, 130 N. Y. 571; Upton Co. v. Flynn,…
1Opinion of the CourtPound, J.
This is an appeal by plaintiff and two defendants claiming liens under a contract for a public improvement, under section 5 of the Lien Law (Cons. Laws, ch. 33). They filed notices of lien against the amount due or to become due on a contract between defendants Blake & Williams and the city of New York and the board of education of the city of New York for the installation of a heating and ventilating apparatus in a public school. The contract price was $39,972. The amount of the liens is stipulated to be correct and the only question is as to the liability of the city. At the time such…
2Cases cited3 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Foshay v. . RobinsonNew York Court of Appeals · 1893
- Herrmann Grace v. . HillmanNew York Court of Appeals · 1911
3Cited by9 opinions
- First National Bank in Yonkers v. City of New YorkDistrict Court, S.D. New York · 1959
- Aetna Casualty & Surety Co. v. Port of New York AuthorityDistrict Court, S.D. New York · 1960
- People v. Continental Casualty Co.New York Supreme Court · 1935
- New Jersey Terra Cotta Co. v. City of New YorkNew York Supreme Court · 1920
- First National Bank in Yonkers v. Maryland Casualty Co.Court of Appeals for the Second Circuit · 1961
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