Tommasi v. Archibald
Appellate Division of the Supreme Court of the State of New York
Appeals by the defendants, Paul S. Bolger and another, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 4th day of August, 1904, upon the decision of the court, rendered after a trial at the Westchester Special Term, as directs the enforcement of a certain lien of the plaintiff and the defendants Forsyth and Suydam against the property of the…
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Appeals by the defendants, Paul S. Bolger and another, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 4th day of August, 1904, upon the decision of the court, rendered after a trial at the Westchester Special Term, as directs the enforcement of a certain lien of the plaintiff and the defendants Forsyth and Suydam against the property of the defendant Bolger. Also, an appeal by the defendant Joseph E. Butterworth from so much of said judgment as denies that he had…
1Opinion of the Court
Jenks, J.:
This is the foreclosure of mechanics’ liens. The judgment against the defendant rests upon the finding that he, the owner, made payments to the contractor prior to the time when, by the terms of the contract such payments became due, for the purpose of avoiding the provisions of the Lien Law (Laws of 1897, chap. 418, § 7), and, therefore, these payments were not effective against the lien of the plaintiff and the defendant sub-contractors. The contract called for five payments tobe made on two houses at successive stages of the work thereon. The section sajara, invoked by the…
2Cases cited21 opinions
- Montclair v. RamsdellSupreme Court of the United States · 1883
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Louisiana v. PilsburySupreme Court of the United States · 1882
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
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3Cited by9 opinions
- Board of Managers of Mews v. FarajzadehAppellate Terms of the Supreme Court of New York · 2001
- Delaware County Electric Cooperative, Inc. v. Power AuthorityNew York Supreme Court · 1983
- Hudson River Blue Stone Co. v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1911
- James B. Lambie Co. v. BigelowCourt of Appeals for the D.C. Circuit · 1909
- In Re Opinion of the JusticesSupreme Court of Delaware · 1971
4 more not listed; retrieve them via the Exa API.