Legal Opinion

Rapid Fireproof Door Co. v. Largo Corp.

New York Court of Appeals

Decided November 16, 1926PublishedCited by 11 opinions

1Opinion of the CourtLehman, J.

The plaintiff in this action seeks to establish and foreclose a mechanic’s lien upon real property owned by the defendant Largo Corporation, for materials which have been used by the defendant in the erection of a building. A judgment in favor of the plaintiff has been reversed by the Appellate Division and the complaint dismissed. That court has held that the plaintiff did not furnish these materials “ with the consent or at the request of the owner thereof [of the premises],” and that consequently there is no basis for a claim of statutory lien. (Lien Law [Cons. Laws, chap. 33], section 3.)

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2Cases cited2 opinions

  1. Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
  2. McGoldrick v. . WillitsNew York Court of Appeals · 1873

3Cited by11 opinions

  1. Prospecting Unlimited, Inc. v. NorbergSupreme Court of Rhode Island · 1977
  2. United States v. Certified Industries, Inc.Court of Appeals for the Second Circuit · 1966
  3. Guignard Brick Works v. GanttSupreme Court of South Carolina · 1968
  4. Heating & Plumbing Finance Corp. v. FriedmanNew York Court of Appeals · 1934
  5. Joseph Curry Co. v. Geier Construction Co.Appellate Division of the Supreme Court of the State of New York · 1929

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