McKinney v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McKinney, from a judgment of the Supreme Court in favor of the defendant George Green, entered in the office of the clerk of the county of New York on the 31st day of December, 1896, and from a judgment in favor of the defendant Jacob Ruppert, entered in said clerk’s office on the 6tli day of January, 1897, upon the report of a referee dismissing his complaint as against the defendants George Green, Jacob Ruppert and George J. Kraus.
1Opinion of the Court
Per Curiam :
This suit is to foreclose a mechanic’s lien. The complaint was dismissed because the notice of lien was not in the form prescribed by the statute. The statute (Chap. 342, Laws of 1885) requires that the notice shall state the nature and amount of labor and services performed or of materials furnished or to be furnished, and also whether all the work for which the claim is made has been actually performed or furnished, and if not, how much of it. To entitle a claimant to the benefit of the statute its directions must be substantially observed, such compliance being necessary to…
2Cases cited1 opinion
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
3Cited by10 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
- White v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1902
- Toop v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
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