American Metal Ceiling Co. v. New Hyde Park Fire District
Appellate Division of the Supreme Court of the State of New York
Reargument by the appellant, Nassau Lumber Company, of an appeal from a judgment of the County Court of Nassau county, entered in the office of the clerk of said county on the 17th day of July, 1915, in an action to foreclose a mechanic’s lien. (See 172 App. Div. 763.)
1Opinion of the Court
Thomas, J.:
By reason of the several perplexing questions attention was diverted, in the final adjustment of priorities of liens, from the claim of the Nassau Lumber Company that its lien was for material only, and that the lien therefor by the statute (Lien Law [Consol. Laws, chap. 33; Laws of 1909, chap. 38], § 56) was preferred to that of the plaintiff, earlier in date. (Herrmann & Grace v. City of New York, 130 App. Div. 531; affd., 199 N. Y. 600; Jackson v. Egan, 200 id. 496.) The learned counsel for the plaintiff urges that the Nassau Lumber Company did not make it appear that no labor…
2Cases cited3 opinions
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
- Pittsburgh Plate Glass Co. v. VanderbiltNew York Supreme Court · 1911