Fox v. Davidson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Davidson, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Xew York on the 2d day of June, 1898, upon the decision of' the court rendered after a trial at the Xew York Special Term foreclosing a mechanic’s lien.
1Opinion of the Court
Barrett, J.:
This action is brought to foreclose a mechanic’s lien against the premises Xo. 136 West Eighty-second street, Xew. York city-. On July 6, 1896, plaintiff entered into a contract with the-defendant to erect an extension and complete alterations to the building; and the action is brought to recover a balance alleged to be due under the contract and for extra work.
' The theory of the complaint is substantial performance of the contract. It is -first alleged that the contract was made, and that the plaintiff entered upon the work and “ substantially completed ” it. Later it is alleged…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Oakley v. . MortonNew York Court of Appeals · 1854
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by19 opinions
- Triple M. Roofing Corp. v. Greater Jericho Corp.Appellate Division of the Supreme Court of the State of New York · 1973
- Kipsborough Realty Corp. v. GoldbetterCivil Court of the City of New York · 1975
- Williams v. Fire Ass'nAppellate Division of the Supreme Court of the State of New York · 1907
- Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1903
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