Balich Corp. v. Saltser & Weinsier Corp.

This case involves the right of two lienors to receive payment from the State for labor, supplies and materials furnished by them and used in the construction of a public improvement at the Creedmoor Division of the Brooklyn State Hospital.

The relevant and undisputed facts are as follows:

On November 27,1931, the State of New York and the defendant Weber & Hamilton, Inc., entered into a contract under which the latter agreed to furnish materials and to perform certain plumbing work in the above-mentioned State institution for the sum of $39,447, later modified to $39,349.15.

Between November…