Harley v. Plant
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Humphrey L. Plant and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of October, 1911, granting the plaintiffs motion for judgment on the pleadings and denying a similar motion made by defendants, and also from a judgment in favor of the plaintiff entered in said clerk’s office on the 9th day of October, 1911, upon the said order.
1Opinion of the Court
Woodward, J.:
The complaint in this action alleges the filing of a notice of lien with the proper officials for the sum of $4,177.30 on the moneys due or to grow due one Peter Gruthy under his contract with the city of New York for the construction of a public improvement; that thereafter proceedings “ were taken by said Gruthy for the purpose of securing the cancellation and discharge of said lien by filing a bond in the manner prescribed by the Lien Law, by presenting to the Supreme Court a petition, a copy of which is hereto annexed and made a part of this complaint, * * * and thereafter an…
2Cases cited10 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
- Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by1 opinion
- Simonelli v. A. L. Guidone & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1922