Legal Opinion
S. Klein, Inc. v. New Deal Building Corp.
New York Supreme Court
Decided July 7, 1939PublishedCited by 6 opinions
1Opinion of the CourtFroessel, J.
In an action by the plaintiff to foreclose a mechanic’s lien, three of the defendants interposed an answer containing separate defenses and a counterclaim for money damages. These defendants now move to frame the issues raised by the counterclaim and for a jury trial thereof.
This motion is resisted by the plaintiff upon the ground that a jury trial has been waived by virtue of the provisions of section 45 of the Lien Law, as amended by section 3 of chapter 515 of the Laws of 1929, which amendment added the following language to said section: “ and in case a counterclaim is set forth by any…
2Cases cited5 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Manhattan Life Insurance v. Hammerstein Opera Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Maag v. Maag Gear Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Lavisch v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1932
- Tobin v. ShwitzerCity of New York Municipal Court · 1934
3Cited by6 opinions
- John W. Cowper Co. v. Buffalo Hotel Development VentureNew York Supreme Court · 1983
- Birch Building Corp. v. ThorpAppellate Division of the Supreme Court of the State of New York · 1948
- Fulmer v. SovocoolAppellate Division of the Supreme Court of the State of New York · 1966
- C. J. Flanagan Construction Corp. v. Sol Cafe Mfg. Corp.New York Supreme Court · 1954
- In re SladeNew York Supreme Court · 1943
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