Hall v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 30, 1903, affirming a judgment in favor of plaintiff and certain of defendants entered upon the report of a referee establishing the validity and priority of certain liens and claims filed against the city of New York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 30, 1903, affirming a judgment in favor of plaintiff and certain of defendants entered upon the report of a referee establishing the validity and priority of certain liens and claims filed against the city of New York. The Appellate Division had the power and should have modified the judgment in accordance with the undoubted law of the case so as to give preference to the claim of the bank. (Code Civ. Pro. § 3401.) It is admitted upon the record that no appeal to the…
1Per curiam
The only questions which this court deems it necessary to consider arise upon the appeal of the Western National Bank. As to all the other questions involved we concur in the conclusions of the court below. If the bank had properly appealed to that court, and served its notice of appeal upon all the parties, it is obvious that the error of the referee in subordinating its claim to those of the parties who had filed mechanics’ liens would have been corrected. But by reason of its negligence in that respect the learned Appellate Division was required to hold that it could not, in justice to the…
2Cited by3 opinions
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- J. E. Carroll Sand Co. v. Earl C. Jones, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Century Cement Manufacturing Co. v. FioreAppellate Division of the Supreme Court of the State of New York · 1942