Rosen v. Bonagur
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Nathan Rosen against Antonio Bonagur and another. From a judgment for plaintiff, defendant Bonagur appeals. Reversed, and complaint dismissed.
1Opinion of the CourtGuy, J.
The action is brought upon a mechanic’s lien for $246, filed against Bonagur as contractor and Levy as owner. Plaintiff was a subcontractor.
[1] The contract was an accepted proposal to do certain repairs for $246. No time of payment was specified. When a building contract specifies no fixed time for payment, nothing is earned until- performance is completed. Gurski v. Doscher, 112 App. Div. 345, 346, 98 N. Y. Supp. 588, affirmed 190 N. Y. 536, 83 N. E. 1125.
[2] The work was not diligently prosecuted, and the contractor gave plaintiff notice to complete it, which he disregarded, and filed a…
2Cases cited7 opinions
- Gurski v. DoscherAppellate Division of the Supreme Court of the State of New York · 1906
- Borkstrom v. RyanAppellate Division of the Supreme Court of the State of New York · 1910
- Hogg v. Larchmont Yacht ClubAppellate Terms of the Supreme Court of New York · 1912
- Seligman v. LinderAppellate Terms of the Supreme Court of New York · 1909
- Enskew v. ReiseAppellate Terms of the Supreme Court of New York · 1909
2 more not listed; retrieve them via the Exa API.