Legal Opinion

George F. Root Co. v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1915PublishedCited by 1 opinion

Appeal by the defendant, John Peirce Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of November, 1914, upon the decision of the court sustaining a demurrer to the separate defense and counterclaim contained in the amended answer of the appellant.

1Opinion of the Court

Dowling, J.:

The action is brought to foreclose a mechanic’s lien for services rendered and materials furnished on certain premises known as the “Y. M. C. A. building,” then being erected on land owned by the defendant railroad company at Park avenue, between Forty-ninth and Fiftieth streets, in the city of New York. The John Peirce Company is the general contractor with the owner for the erection of said building, and as such contractor, with the knowledge and consent of the owner, it entered into a contract with the defendant John E. Landeen, by the terms of which Landeen was to furnish and…

2Cases cited2 opinions

  1. Bernascheff v. RoethNew York Supreme Court · 1901
  2. Cody v. Turn VereinAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. Haberle-Crystal Spring Brewing Co. v. HandrahanNew York Supreme Court · 1917

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