Hill v. Flatbush Consumers' Ice Co. Boer v. Schoolmaker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry J. De Boer, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of September, 1910, denying the said defendant’s motion to be relieved as purchaser from a bid made at a judicial sale under foreclosure, and to have the judgment in the action vacated and set aside.
1Opinion of the Court
Woodward, J.:
This action was brought to foreclose a mechanic’s lien upon the property of the Flatbush Consumers’ Ice Company, the remaining *560defendants being persons having liens and mortgages upon the property. The plaintiff, in filing the Us pendens required by the Lien Law (Gen. Laws, chap. 49 [Laws of 1897, chap. 418], § 16; now Consol. Laws, chap. 33 [Laws of 1909, chap. 38], § 17) and in his complaint, failed to properly describe the premises, but all of the defendants who were made parties, and who put in answers, described the premises properly in all of their papers. The plain tiff's…
2Cases cited1 opinion
- Hinkle v. SullivanAppellate Division of the Supreme Court of the State of New York · 1905