Martens v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas F. O’Neill, from an order of the County Court of Queens county entered in the office of the clerk of said county on the 21st day of September, 1908.
1Opinion of the Court
Jenks, J.:
This appeal is from an order of the County Court denying a motion to cancel and. to discharge of record a mechanic’s lien and a Us pendens. The defendant who moved and who now appeals is the owner of the premises, 'He has not appeared generally.
The mechanic’s lien, was filed on May 4, 1907. The plaintiff deposes that he began this action for foreclosure on May 1,1908, by filing the summons and complaint with a Us pendens “ and by the ■service of a copy of the said summons and complaint upon the defendant Herman Hahn” on May 2,. 1908; that the defendant Hurley “ has also been served…
2Cases cited5 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Smith v. HurdSupreme Court of Minnesota · 1892
- Albro v. BlumeAppellate Division of the Supreme Court of the State of New York · 1896
- De Lorenzo v. Von RaitzAppellate Division of the Supreme Court of the State of New York · 1899
- In re RudigerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by10 opinions
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- White v. C. M. McLean & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Reimer v. NaughtonAppellate Division of the Supreme Court of the State of New York · 1920
- Fellows v. ErringtonSupreme Court of Iowa · 1919
- Jericho Jewish Center v. HibnerNew York Supreme Court · 1960
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