Milliken Bros., Incorporated v. . City of N.Y.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1910, which affirmed a judgment of Special Term declaring invalid certain notices of liens filed by the appellants herein. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1910, which affirmed a judgment of Special Term declaring invalid certain notices of liens filed by the appellants herein. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding that the word “completed” in the statute fixing the time when the municipal liens should be filed meant “substantially completed.” (Watts-Campbell Co. v. Youngling, 125 N. Y. 1; Nichols v. Culver, 51 Conn. 177; Cole v. Uhl, 46 Conn. 296;…
1Opinion of the Court
Cullen, Ch. J.
The ■ action was brought to foreclose a mechanics’ lien upon a public improvement, to wit, an armory constructed for the city of New York. The lienors were numerous, and all of them as well as the principal contractor, the James D. Murphy Company, and The City of New York, were .parties to the action. The respondent here is the contractor. The appellants are several lienors who have been denied any right to payment out of the fund deposited by the contractor to discharge the liens and as a condition of obtaining payment from the city, on the sole ground that the liens were filed…
2Cases cited9 opinions
- Nichols v. CulverSupreme Court of Connecticut · 1883
- Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- St. Louis National Stock Yards v. O'ReillyIllinois Supreme Court · 1877
- Cole v. UhlSupreme Court of Connecticut · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
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