Rafter v. Sullivan
New York Supreme Court
Trial by the court. The plaintiff was a carpenter and joiner, and had furnished materials and labor of the value of $420 in the construction of a house upon the premises of the defendant in Brooklyn.
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Trial by the court. The plaintiff was a carpenter and joiner, and had furnished materials and labor of the value of $420 in the construction of a house upon the premises of the defendant in Brooklyn. Within the time prescribed by the Mechanics’ Lien Law (Daws of 1854, ch. 402), made applicable to all the counties of the State, except Hew York and Erie, in 1858, he filed a notice of lien against the property in the office of the county clerk of Kings county, and also in the office of the city clerk of Brooklyn. This action was brought to foreclose his lien. The- plaintiff upon the trial made…
1Opinion of the CourtBrown, J.
—To create a lien upon real property for labor > done or materials furnished, under the act of the 17th of April, 1854, and the act of the 14th of April, 1858, the laborer or contractor must serve the notice in writing upon the town clerk of the town where the real property is situated, within the time limited hy the fourth section of the first-mentioned act. The city of Brooklyn is not one of the civil divisions of the State known as a town, nor has it any officer known as town clerk, or who performs duties resembling those assigned to the clerks of the several towns throughout the State.…
2Cited by2 opinions
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