American Cement Corp. v. Dunetz Bros.
New York Supreme Court
1Opinion of the CourtWilliam R. Hart, J.
In this action to enforce two mechanics’ liens which have been discharged of record by filing of bonds, the defendant, .¿Etna, surety on said bonds, moves to dismiss the complaint pursuant to CPLR 3211 (subd. [a]) on the grounds that (1) plaintiff is an unlicensed foreign corporation and had divested itself of any interest in the liens prior to suit, (2) the court has no jurisdiction of the subject matter in that the alleged divestiture was made pursuant to consent decree by plaintiff under the Clayton Anti-Trust Act in the United States District Court and that therefore the said United…
2Cases cited5 opinions
- Underhill v. . SchenckNew York Court of Appeals · 1924
- Chambers v. George Vassar's Sons & Co.New York Supreme Court · 1913
- New York Architectural Terra-Cotta Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1905
- Miller v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1929
- New York Architectural Terra Cotta Company v. . WilliamsNew York Court of Appeals · 1906
3Cited by2 opinions
- In Re Las Colinas, Inc.District Court, D. Puerto Rico · 1968
- S.C.S. Enterprises, Inc. v. IafrateAppellate Division of the Supreme Court of the State of New York · 1994