Brainard v. . County of Kings
New York Court of Appeals
Appeals by the defendants Thomas W. Kiley & Co., Graves & Steers and Joseph Edwards & Co., from an order of the late General Term of the Supreme Court in the second judicial department, made February 20, 1895, reversing a judgment of the Special Term in favor of the several appellants and granting a new trial as to them.
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Appeals by the defendants Thomas W. Kiley & Co., Graves & Steers and Joseph Edwards & Co., from an order of the late General Term of the Supreme Court in the second judicial department, made February 20, 1895, reversing a judgment of the Special Term in favor of the several appellants and granting a new trial as to them. This action was brought to foreclose mechanics’ liens, filed by the plaintiffs and the defendant lienors against moneys claimed to be due for materials furnished by them to sub-contractors performing a portion of the work under the principal contract between the counties of…
1Opinion of the CourtHaight, J.
The judgment of the Special Term established certain mechanics’ liens in favor of various lienors, including those of the appellants.
On the 16th day of September, 1892, Dean & Westbrook entered into a contract with the counties of Kings and Queens to remove the old bridge and to erect a new bridge over Newtown creek for the sum of $94,850, of which eighty per cent was payable in monthly installments as the work progressed, upon the certificate of the engineer, the balance of twenty per cent being payable thirty days after the completion of the work and the acceptance by the engineer and the…
2Cases cited8 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Beardsley v. . CookNew York Court of Appeals · 1894
- Beecher v. SchubackAppellate Division of the Supreme Court of the State of New York · 1896
- Keavey v. De RagoAppellate Terms of the Supreme Court of New York · 1897
- Lemieux v. EnglishAppellate Terms of the Supreme Court of New York · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Koenig v. McCARTHY CONSTR. CO., INC.Appellate Court of Illinois · 1951
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- GCDM Ironworks, Inc. v. GJF Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
23 more not listed; retrieve them via the Exa API.