Legal Opinion
In re Candee, Smith & Howland Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1916Published
Appeal from Special Term, New York County. In the matter of the application of Candee, Smith & Howland Company for leave to sue in its own name, etc. From an order denying motion by petitioner for leave to sue the Illinois Surety Company on its undertaking given to discharge a mechanic's lien, petitioner appeals. Order affirmed.
1Per curiam
The order appealed from is affirmed, with $10 costs and disbursements, on the ground that no leave to sue is necessary. Pierce v. Wilson, 118 App. Div. 662, 103 N. Y. Supp. 678; Vitelli v. May, 120 App. Div. 448, 104 N. Y. Supp. 1082. Order filed.
2Cases cited2 opinions
- Vitelli v. MayAppellate Division of the Supreme Court of the State of New York · 1907
- Pierce v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907