Legal Opinion

Nelson v. Hajek

New York Supreme Court

Decided March 15, 1910Published

Appeal by the 'above-mined appellants, composing the firm of Hajek Brothers & Go., from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.

1Concurrence 1

Lehman, J. (concurring).

I concur with Mr. Justice Dayton in affirming the judgment helow, solely because this court, since its inception, has acquiesced in the assumption by the district courts and by the Municipal Court of the right to declare the amount of a personal judgment obtained against a contractor a valid lien against the interest of the owner of the property; and I feel that such acquiescence has become a binding authority upon this court, until a higher appellate court has determined that it was erroneous. This court is an appellate court of constantly changing personnel; and I…

Also in this document: Concurrence · Giegerich.

2Cases cited1 opinion

  1. Kotzen v. NathansonNew York Supreme Court · 1900

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