Yellow Pine Co. v. Board of Education
New York Supreme Court
This action was brought for the foreclosure of mechanics’ liens filed, or intended to be filed, under the provisions of chapter 315 of the Laws of 1878, as amended by chapter 629 of the Laws of 1892, against funds in the hands of a municipal corporation, namely, the board of education of the city of Brooklyn, being ¡balances unpaid on contracts for the erection of two school houses.
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This action was brought for the foreclosure of mechanics’ liens filed, or intended to be filed, under the provisions of chapter 315 of the Laws of 1878, as amended by chapter 629 of the Laws of 1892, against funds in the hands of a municipal corporation, namely, the board of education of the city of Brooklyn, being ¡balances unpaid on contracts for the erection of two school houses. The plaintiff and the defendants T. B. Willis & Brother and D. P. Gardner were creditors of Martin & Lee for building material furnished them in the performance of the contracts of Martin & Lee with the board of…
1Opinion of the CourtCullen, J.
I am of opinion that the notices of lien filed by the defendants Gardner and Willis are defective and insufficient, in failing to state the various matters required by the statute; this would render their liens invalid apart from the question what officer is the financial officer upon whom a notice of lien shoiild be served. But this would not entitle the plaintiff to recover unless it has acquired a valid lien.
No criticism is made on the form of the notice of its lien. This notice the. plaintiff served upon the city treasurer of the city of Brooklyn; it is contended that the notice should…
2Cases cited1 opinion
- Bassett v. . FishNew York Court of Appeals · 1878
3Cited by4 opinions
- Caldwell v. Board of EducationAppellate Terms of the Supreme Court of New York · 1926
- Mack v. President & Trustees of the School Board of Briarcliff ManorNew York Supreme Court · 1939
- Rucker v. Board of EducationNew York Supreme Court · 1939
- Wodetzky v. Board of EducationCity of New York Municipal Court · 1939