McNulty Bros. v. . Offerman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 10, 1914, modifying and affirming as modified a judgment of Special Term in an action to foreclose mechanics’ liens.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 10, 1914, modifying and affirming as modified a judgment of Special Term in an action to foreclose mechanics’ liens. The facts, so far as material, are stated in the opinion, It was error to sustain a lien against the owner when the only alleged consent was the $15,000 conditional contract in the lease, and no money ever became due to Leininger, the principal contractor. (Van Clief v. Van Vechten, 130 N. Y. 577; Butler v. Aquehonga Land Co., 86 App. Div. 439; Larkin v.…
1Opinion of the CourtCardozo, J.
On April 26, 1907, the defendants Offer-man and others, who will be described as the owners, leased to one Ralph Leininger real property in Brooklyn for a term of ten years at rentals ranging from $53,500 to $74,000 a year. The building had been used for a department store, and that was the use which was to be continued by the tenant. The owners did not desire any alterations. The tenant thought, however, that alterations would be helpful to himself. Various plans were discussed. Some of them involved the payment of $60,000 or even more. The owners finally agreed to contribute $15,000. They…
2Cases cited10 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Jones v. . MenkeNew York Court of Appeals · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- Brigham v. DuanyNew York Court of Appeals · 1926
- Matros Automated Electrical Const. Corp. v. LibmanAppellate Division of the Supreme Court of the State of New York · 2007
- P. Grassi & Bro., Inc. v. Lovisa & Pistoresi, Inc.New York Court of Appeals · 1932
- In re North Babylon Estates, Inc.Court of Appeals for the Second Circuit · 1928
19 more not listed; retrieve them via the Exa API.