Copp v. Firemi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Salvatore Firemi, from a judgment of the County Court of Queens county, entered in the office of the clerk of said county on the 16th day of November, 1916, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Jenks, P. J.:
Conceding but not now passing upon every deduction that could be made, there was an ample balance of the $1,290 *290payment due from the owner to the contractor, subject to Copp’s (the subcontractor’s) Hen of $379. The fact that the $1,290 was to be raised by a building loan procured by the contractor and that for some unexplained reason the money was not thus forthcoming, did not affect the subcontractor. Although his hen was subordinate to the terms of the contract between contractor and owner (Phillips Mechanics’ Liens [3d ed.], § 62; 27 Cyc. 93), he had no reason to beheve from…
2Cases cited2 opinions
- Finn v. . SmithNew York Court of Appeals · 1906
- Bachmann v. SpinghelAppellate Division of the Supreme Court of the State of New York · 1914