Schwartz v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William S. Schwartz, from a judgment of the Supreme Court in favor of the defendant 0. Walter Randall, as trustee, etc., entered in the office of the clerk of the county of Kings on the 3d day of January, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits and vacating and setting aside a certain mechanic’s lien.
1Opinion of the Court
Burr, Ji:
This action is brought to foreclose a mechanic’s lien. The complaint alleges that on October 2é, 1907, plaintiff entered into an agreement with defendant Lewis to furnish certain plumbing *567materials and perform the labor necessary to install the same upon premises belonging to said defendant for the sum of $1,300; that between October 24, 1907, and January 29, "1908, he performed said agreement; that there remains unpaid $600 on account of the agreed price; and that on April 18, 1908, a notice of lien was filed in the county clerk’s office. By amendment to the complaint on the trial…
2Cases cited4 opinions
- Mahley v. . German BankNew York Court of Appeals · 1903
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
- Vitelli v. MayAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- In re James Passero & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Canady v. CreechSupreme Court of North Carolina · 1975
- Beach & Adams Builders, Inc. v. Northwestern BankCourt of Appeals of North Carolina · 1975
- Farabella v. PorterNew York Supreme Court · 1927
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