In re the Thirty-fifth Street & Fifth Avenue Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the John Simmons Company from an order of the Supreme Court, made at the New York Special Term arid entered in the office of the clerk of the county of New York on the 14th day of May, 1907, directing the chamberlain of the city of New York to pay to the respondent realty company certain'moneys deposited by said company for the purpose of discharging a mechanic’s lien.
1Opinion of the Court
Laughlin, J.:
On.-the 8th day of February, 1906, the .appellant'filed a-mechanic’s lien against the premises known as 523 Fifth avenue in the city of FFew York) owned by the respondent. On the .first day of June thereafter the respondent deposited the amount claimed by the lienor with the clerk óf the county-of FFew York,, pursuant to the provisions of section 19 of the Lien Law (Laws of 1897, chap. 418), and thereby the lien against the property was discharged by operation of lawn The lienor neither commenced an action for. the foreclosure of the'lien within- one year after, it was filed nor…
2Cases cited3 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Hafker v. HenryAppellate Division of the Supreme Court of the State of New York · 1896
- Uris v. Brackett Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Cook v. Carmen S. Pariso, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- In re GablerNew York Supreme Court · 1907
- Frank Salz & Sons, Inc. v. Lehr Construction Corp.New York Supreme Court · 1984
- In re Benson Park Associates LLCNew York Supreme Court · 2008
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