Legal Opinion
In re Johnson, Drake & Piper, Inc.
New York Supreme Court
Decided December 16, 1949PublishedCited by 1 opinion
1Opinion of the CourtBenvenga, J.
This is an application for the summary discharge of a lien for public improvement (see Lien Law, § 21, subd. 7). The question presented is whether a person who furnishes tires which are attached to motor vehicles owned and used by a subcontractor in hauling material to and from a public improvement is a “ materialman ” within subdivision 12 of section 2 of the Lien Law, as amended by chapter 525 of the Laws of 1947.
It is well settled that, prior to the amendment, the furnishing of tires under such circumstances was not within the purview of the Lien Law (see Maryland Cas. Co. v. Board of…
2Cases cited3 opinions
- Shultz v. C. H. Quereau Co.New York Court of Appeals · 1914
- Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
- New York Trap Rock Corp. v. National BankNew York Supreme Court · 1941
3Cited by1 opinion
- Norris v. Depew Paving Co.Appellate Division of the Supreme Court of the State of New York · 1961