Manton v. . Brooklyn Flatbush Realty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A valid lien existed at the time of the commencement of this action to foreclose the lien. (M. L. Ins.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A valid lien existed at the time of the commencement of this action to foreclose the lien. (M. L. Ins. Co. v. Dake, 87 N. Y. 257; Hartwell v. Riley, 47 App. Div. 154; Kelly v. Highland Const. Co., 133 App. Div. 579; Vilas v. Page, 106 N. Y. 439.) The order…
1Opinion of the CourtCardozo, J.
This action is brought -to foreclose a mechanic’s lien. The plaintiff’s assignors filed their notice of lien on October 29, 1909, and the lien was entered in the docket. It was continued and redoclceted on October 20, 1910. On October 19, 1911, an order was made that it be continued for another year. This order was filed with the clerk of Kings county on October 20, 1911. A fee of fifty cents is payable to the clerk for docketing a hen (L. 1906, ch. 446). This fee was not paid, and so the lien was not redocketed. The omission was discovered in February, 1912. The plaintiff procured an ex…
2Cases cited13 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beacon Construction Company, Inc. v. Matco Electric Company, Inc., D/B/A Dwyer Electric Co., Inc.Court of Appeals for the Second Circuit · 1975
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- Italian Mosaic & Marble Co. v. City of Niagara FallsNew York Supreme Court · 1928
- White v. C. M. McLean & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- The Dick Sand Co. v. StateNew York Supreme Court · 1930
11 more not listed; retrieve them via the Exa API.