Thomas v. Noonan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernest K. Thomas, from a judgment of the Supreme Court in favor of tire defendants, entered in the office of the clerk of the county of Warren on the lltli day of April, 1908, upon the report of a referee.
1Opinion of the Court
Smith, P. J.:
The action is brought to foreclose a mechanic’s lien. The plaintiff was employed by the defendants to make some improvements upon the real property owned by Azilda Noonan. He claimed the sum of $241. The defendants claimed that the repairs were to be made for $200, which was found as a fact by the referee. There was a claim for extras to the amount of $9.26 about which there was no dispute, so that upon the findings of the referee the plaintiff *460had a lien for $209.26, less, the amount of any counterclaim that the defendants held against the plaintiff.
The defendants pleaded two…
2Cases cited1 opinion
- Lipman v. Jackson Architectural Iron WorksNew York Court of Appeals · 1891
3Cited by2 opinions
- Pophan v. RubinAppellate Terms of the Supreme Court of New York · 1912
- Samuels v. Twin State Realty Co.Appellate Terms of the Supreme Court of New York · 1913