Van Clief v. . Van Vechten
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an order made February 14, 1890, which affirmed a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought in the County Court of Richmond county for the foreclosure of a mechanic’s lien.
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Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an order made February 14, 1890, which affirmed a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought in the County Court of Richmond county for the foreclosure of a mechanic’s lien. On the 31st of March, 1886, the defendant Smalle agreed to furnish the materials and erect a building for the defendant Yan Yechten for the sum of $4,298, less $275, for a fire-place, heater and furnace, making the net price $4,023, payable $1,000 when the…
1Opinion of the CourtYann, J.
The statute applicable to the subject of this action is chapter 342 of the Laws of 1885, as it stood before it was amended by chapter 316 of the Laws of 1888. As we construe that statute and read the decisions made thereunder, as well as those made under similar statutes, we think that the following rules determine the extent to which a mechanics’ lien, filed by a sub-contractor or a material-man, attaches to the locus in qyüo:
1. If anything is due to the contractor, pursuant to the terms of the contract, when the lien is filed, it attaches to that extent.
2. If nothing is due to the…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Woodward v. . FullerNew York Court of Appeals · 1880
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Sweet v. FlannaganNew York County Court, Chemung County · 1880
3Cited by123 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Dworman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1999
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
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