In re Rudiger
Appellate Division of the Supreme Court of the State of New York
Appeal by the lienors, Eugene A. Rudiger and another, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 13th day of December, 1906, canceling a certain municipal lien against a fund in the hands of the comptroller of the city of Mew York applicable to the payment of the amount due the respondents upon their contract with the aqueduct commissioners for the construction of the new…
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Appeal by the lienors, Eugene A. Rudiger and another, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 13th day of December, 1906, canceling a certain municipal lien against a fund in the hands of the comptroller of the city of Mew York applicable to the payment of the amount due the respondents upon their contract with the aqueduct commissioners for the construction of the new Croton dam and other structures in the Croton valley and Croton watershed.
1Opinion of the Court
Laughlim, J.:
The lien was filed on the 25th day of July, 1906. Two days prior to the expiration of the time within which the lienors were required by the statute (Lien Law [Laws of 1897, chap. 418] § 17, as amd. by Laws of 1902, chap. 37) to commence an action to foreclose the lien, they obtained an order from the Special Term of the Supreme Court pursuant to said section, continuing their lien for sixty days, and granting them sixty days’ additional time within which to commence an action to foreclose it. A motion was subsequently made to vacate the order upon the ground, among others, that…
2Cited by3 opinions
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Martens v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1909
- Jericho Jewish Center v. HibnerNew York Supreme Court · 1960