Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Donald Mitchell against the Dunmore Realty Company, John L. Murray, and others. From a judgment dismissing the complaint on the merits, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtClarke, J.
This was an action to foreclose a mechanic’s lien. This court having determined on an interlocutory appeal that the notice of lien was invalid, (126 App. Div. 829, 111 N. Y. Supp. 322), a jury was waived upon the trial, and the case proceeded as an action for a personal judgment. By consent the claim between the Dunmore *90Realty Company and the plaintiff was settled and discontinued, so that •the controversy is between the plaintiff and John L. Murray, the other ■■■defendants, subcontractors, having stipulated that their right to a re- ■ covery depended wholly upon the success of the…
2Cases cited16 opinions
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- McCreery v. . DayNew York Court of Appeals · 1890
- Woodward v. . FullerNew York Court of Appeals · 1880
- Kromer v. . HeimNew York Court of Appeals · 1879
- Smith v. . KerrNew York Court of Appeals · 1888
11 more not listed; retrieve them via the Exa API.