Fogarty v. Wick
New York Court of Common Pleas
Appeal by the defendant, Jacob Wick, Jr., from a judgment of this court, entered upon the report of John J. Townsend, to whom it had been referred to hear and determine the issues. The action was brought to foreclose a mechanic’s lien claimed to have been secured under L. 1875, c. 379. The suit was defended ■ on the ground that the notice of lien which had been filed did not conform with the requirements of the act.
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Appeal by the defendant, Jacob Wick, Jr., from a judgment of this court, entered upon the report of John J. Townsend, to whom it had been referred to hear and determine the issues. The action was brought to foreclose a mechanic’s lien claimed to have been secured under L. 1875, c. 379. The suit was defended ■ on the ground that the notice of lien which had been filed did not conform with the requirements of the act. The particulars in which the notice was claimed to be defective are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The notice filed does not contain several of the requisites of the notice which is now required by the act of 1875 to create a lien.
The notice does not contain statements which are indispensable under the 5th section of the act (L. 1875, c. 379). It does not state that the claim of $1122 is after deducting all just credits and offsets ; nor by whom the plaintiff was employed, or to whom he furnished the materials: nor the terms or conditions of the contract, or whether all the work *167or materials for which the claim is made was actually performed or furnished. No…
2Cited by1 opinion
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