Otto L. Spannhake, Inc. v. Mountain Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Otto L. Spannhake, Inc., from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of November, 1912, as resettled by an order entered in said clerk’s office on the 13th day of December, 1912, modifying a judgment of the City Court of the City of New York in plaintiff’s favor and affirming it as modified.
1Opinion of the Court
Scott, J.:
The defendant Mountain Construction Company made a contract with plaintiff, an architect, to draw plans for and superintend the construction of certain houses in the city of New York. The plaintiff filed a lien for the value of his services both for drawing plans and for superintendence. This action is to foreclose that lien. The City Court awarded judgment to plaintiff for both classes of service. This judgment was modified by the Appellate Term by striking out so much of the recovery as represented the value of the plans, allowing plaintiff to recover only for superintendence. In…
2Cases cited4 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Woolf v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1905
- Rinn v. Electric Power Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Thompson-Starrett Co. v. Brooklyn Heights Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Chesnow v. GorelickMichigan Supreme Court · 1929
- The SchuylkillDistrict Court, E.D. New York · 1918
- Bintz v. Mid-City Park Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Bralus Corp. v. BergerAppellate Division of the Supreme Court of the State of New York · 1953