Fetterolf v. S. & L. Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, S. & L. Construction Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of said county on the 11th day of August, 1915, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Thomas, J.:
The action to foreclose a mechanic’s lien raises questions between the plaintiff contractor to build four houses, excepting certain work, and the owner. An important question, and the only one that I shall here discuss, relates to the item of $1,076.80, which has been allowed for extra work in changing the roofs from the original specifications to conform to a plan indicated by special working sketches later furnished by the architect, and also for placing additional stucco on the foundation walls, which were carried above grade, and, therefore, exposed more than the plan required.…
2Cases cited5 opinions
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Langley v. . RoussNew York Court of Appeals · 1906
- Shields v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
- L'Hommedieu v. WinthropAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Miller v. Housing Authority of New OrleansLouisiana Court of Appeal · 1965
- DeMartini v. Elade Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1943