Legal Opinion
Brescia Construction Co. v. Walart Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 27, 1936PublishedCited by 3 opinions
1Opinion of the CourtTownley, J.
This action was brought to foreclose a mechanic's hen. The hen was discharged by the filing of the usual statutory bond of the defendant New Amsterdam Casualty Company. The amount due the plaintiff under the contract and for extra work was determined by arbitration and by a judgment entered upon the award. This judgment was held not binding on the surety as to the validity of the hen. (Matter of Brescia Const. Co. v. Walart Const. Co., 238 App. Div. 45; affd., 264 N. Y. 260, and Brescia Const. Co., Inc., v. Walart Const. Co., Inc., 238 App. Div. 360.) The case was thereafter tried, and on a…
2Cases cited8 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Mahley v. . German BankNew York Court of Appeals · 1903
- Brescia Construction Co. v. Walart Construction Co.New York Court of Appeals · 1934
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
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3Cited by3 opinions
- In re Mengel Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Sullivan Contracting, Inc. v. Turner ConStruction Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Lehigh Structural Steel Co. v. Nyack Kennel ClubAppellate Division of the Supreme Court of the State of New York · 1939