Kalt Lumber Co. v. Dupignac
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Kalt Lumber Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York oh the 25th day of March, 1912, denying the plaintiff’s motion for leave to amend the complaint.
1Opinion of the Court
McLaughlin, J.:
Action to foreclose a mechanic’s lien. The judgment demanded is a foreclosure and sale and appropriate facts are set forth in the complaint necessary to maintain such action, except the omission of an allegation that “no other action has been had for the recovery of the said sum of money or any part thereof.” The omission of such allegation made the complaint demurrable in so far as it was sought to foreclose the lien. (Schwartz v. Klar, 144 App. Div. 37.) When the case came on for trial the defendant moved to dismiss the complaint upon the ground that owing to the omission of…
2Cases cited3 opinions
- Deyo v. . MorssNew York Court of Appeals · 1894
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Schwartz v. KlarAppellate Division of the Supreme Court of the State of New York · 1911