Legal Opinion

In re O'Neill

New York Supreme Court

Decided December 20, 1943PublishedCited by 4 opinions

1Opinion of the CourtCbibb, J.

On November 1, 1941, the lienors having furnished gravel and dirt to the contractor who had a contract with the State of New York for the construction of a subway to eliminate a grade crossing, filed a notice of lien under section 12 of the Lien Law in the sum of $1,408.15. The contractor deposited with the State Comptroller $1,787.41 under an ex parte court order obtained by it November 7, 1941, pursuant to subdivision 4 of section 21 of the Lien Law. By this action the lienors were limited to this latter fund at a time when other moneys were to become payable to the contractor by the State.

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2Cases cited7 opinions

  1. Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
  2. Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
  3. Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
  4. People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1936
  5. People Ex Rel. Schick v. MarvinNew York Court of Appeals · 1937

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3Cited by4 opinions

  1. Perrin v. Stempinski Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1961
  2. In re Mars Associates, Inc.New York Supreme Court · 1959
  3. County Wide Flooring, Corp. v. Town of HuntingtonNew York Supreme Court · 2017
  4. Maple Knoll Apartments, Inc. v. Upstate Builders Supply Corp.New York Supreme Court · 1970

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