Romeo v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gaetano Chiangone and another, from a judgment of the County Court of Westchester county in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of said county on the 12th day of January, 1907, confirming the report of a referee, and also from an order entered in said clerk’s office on the 5th day of July, 1906, denying the said defendants’ motion to set aside said report.
1Opinion of the Court
Gaynor, J.:
Section 17 of the Lien Law (chap. 418, L. 1897, as, amended by chap. 37, L. 1902) provides that if a lien be for labor or materials on a public improvement it shall not continue longer than three months from the time of filing the notice thereof unless an action *403to foreclose the same shall be begun and a Us pendens filed therein within that time, “ or unless an order be .made by a court of record continuing such lien ”. The notice of lien was filed on November 12th, 1904, and the complaint so alleges. The complaint also alleges that “ this action was commenced within ninety days…
2Cases cited5 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Brown v. Travellers' Life & Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Dwelle-Kaiser Co. v. FridAppellate Division of the Supreme Court of the State of New York · 1931
- Drachman Structurals, Inc. v. Anthony Rivara Contracting Co.New York Supreme Court · 1974
- Troy Public Works Co. v. City of YonkersNew York Supreme Court · 1910
- Giant Portland Cement Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1919
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