Lumbard v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term which denied a motion made by the corporation defendant to set aside or vacate the judgment herein and for leave to said defendant to enter judgment for costs. This action was brought to enforce a mechanic’s lien upon premises of the corporation for materials furnished to the other defendants, contractors.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term which denied a motion made by the corporation defendant to set aside or vacate the judgment herein and for leave to said defendant to enter judgment for costs. This action was brought to enforce a mechanic’s lien upon premises of the corporation for materials furnished to the other defendants, contractors. Plaintiff claimed a lien for $527.63. The corporation only appeared and answered, and served an offer of judgment for $226.50. A trial was had before a Special…
1Per curiam
The action was brought to enforce a mechanic’s lien against the property of the defendant in which the sum of $527.63 was claimed. A recovery was had for the full amount, and the judgment entered thereon was affirmed at General Term. Upon appeal to this court the judgment was reduced to $202.16, and, as modified, affirmed, without costs, in this court. It appears that the defendant served an offer, under the Code, that the plaintiff might take judgment against the defendant for $226.50, with costs, and having procured a judgment more favorable to it than the offer, seeks to secure the benefit…
2Cited by7 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- McNally v. RowanAppellate Division of the Supreme Court of the State of New York · 1905
- Pfister v. StummThe Superior Court of New York City · 1894
- Kiernan v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Rollins v. BarnesAppellate Division of the Supreme Court of the State of New York · 1897
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