Ryan v. Train
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Nicholas W. Ryan and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 30th day of April, 1903, upon an order made at the Kings County Special Term and entered in said clerk’s office on the 30th day of April, 1903, directing the dismissal of the plaintiff’s complaint, and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
Willard Bartlett, J,:
This is an action to foreclose a mechanic’s lien. The answer -set out the notice of lien which had been filed by the plaintiffs -and alleged that it did not comply with the requirements of the Mechanics’ Lien Law.. The reply admitted that the notice was ■correctly set out in the answer and that it was the instrument sought to be foreclosed in this suit. The defendant then moved, ■at a Special Term for the hearing of motions, for judgment upon the pleadings, and the motion was granted on the authority of Bradley & Currier Co. v. Pacheteau (71 App. Div. 148) and Castelli v.…
2Cases cited2 opinions
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Abbott v. . EastonNew York Court of Appeals · 1909
- Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947
- Schenectady Contracting Co. v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Pearce v. Knapp, New York County Courts1911
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