Legal Opinion · Dissent

Hall v. Carl G. Ek & Son Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 1963Published

1Dissent

Halpern, J. (dissenting).

I do not believe that the case of Rollin v. Cross (45 N. Y. 766) decided in 1871, relied upon by the majority, would be followed today, even with respect to a mechanic’s lien upon private property. That case was decided upon the theory that the right to file a mechanic’s lien under the local lien law (L. 1862, ch. 478) applicable to Kings and Queens Counties, was a personal right of the person furnishing the labor or material and that the right could not be assigned.

There was nothing in the statute before the court in the Rollin case, declaring that the right was a…

2Cases cited17 opinions

Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
Rollin v. . CrossNew York Court of Appeals · 1871
Bell v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887

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