Wahle-Phillips Co. v. . Fitzgerald
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1916, affirming a judgment of Special Term which denied part of plaintiff’s claim to a mechanic’s lien for electric fight fixtures and directed foreclosure of other liens. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1916, affirming a judgment of Special Term which denied part of plaintiff’s claim to a mechanic’s lien for electric fight fixtures and directed foreclosure of other liens. The facts, so far as material, are stated in the opinion. All fighting fixtures of every description were included in the term, “ improvement of real property,” contained in the Lien Law in force at the time the lien herein was filed, because that law was, in effect, a re-enactment of the earlier Lien…
1Opinion of the CourtPound, J.
This is an action to foreclose a mechanic’s hen. The only question presented on this appeal is whether electric lighting fixtures furnished and used for the purpose of equipping an office building and the labor performed in installing them are included in the term “ permanent improvement of real property ” as used in sections 2 and 3 of the Lien Law (Cons. Laws, ch. 33; L. 1909, ch. 38) as it read in the year 1910. Gas and electric fixtures, as ordinarily attached to a house or other building for use, are, in actions between grantor and grantee, landlord and tenant and mortgagor and…
2Cases cited4 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by14 opinions
- United States v. Certain PropertyCourt of Appeals for the Second Circuit · 1965
- Scriven v. Maple Knoll Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Shelton Holding Corp. v. 150 East Forty-Eighth Street Corp.New York Court of Appeals · 1934
- People v. DilliardAppellate Division of the Supreme Court of the State of New York · 1937
- Monroe Savings Bank v. First National BankAppellate Division of the Supreme Court of the State of New York · 1976
9 more not listed; retrieve them via the Exa API.