John A. Philbrick & Bros. v. Ignatz Florio Co-Operative Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Dowling and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1910.
1Opinion of the Court
Scott, J.:
This is an appeal from an order denying a motion to confirm a referee’s report in surplus money proceedings.
The contest is between lienors under a mechanic’s lien and the holder "of a mortgage. Both were filed on the same day, the lien anticipating the mortgage by. a few minutes. The question is whether or not the lien was kept alive. The statute applicable is section 16 of chapter 418 of the Laws of 1897, now section 17 of chapter 33 of the Consolidated Laws of 1909, which reads as follows: “No lien specified in this article shall be "a lien for a longer period than one year after…
2Cases cited3 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- People v. . RichardsNew York Court of Appeals · 1888
- Danziger v. . SimonsonNew York Court of Appeals · 1889
3Cited by8 opinions
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
- Lincoln National Bank v. John Peirce Co.New York Court of Appeals · 1920
- Long Island Properties, Inc. v. BuckleyCourt of Appeals for the Second Circuit · 1944
- People v. BaileyCriminal Court of the City of New York · 1980
- People v. Russo, New York County Courts1986
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