Legal Opinion

Borrelli v. Magaldi

Appellate Terms of the Supreme Court of New York

Decided January 8, 1909Published

Appeal from-Municipal Court, Borough of the Bronx, First District. Action by Raffaele Borrelli against Emilio Magaldi. Judgment for plaintiff, and defendant appeals. Reversed.

1Opinion of the CourtGildersleeve, P. J.

This action was brought to foreclose a mechanic’s lien in the Municipal Court, and resulted in a simple money judgment in favor of the plaintiff, which was entered on November 15, 1907, and from which the defendant duly appealed. On December. 28, 1907, an order was granted by the trial justice requiring the de-' fendant to show cause why the judgment should not be amended, by the entry “nunc pro tunc” of a judgment for the foreclosure of a mechanic’s lien. This motion was made returnable December 31, 1907, and was granted, and on the same day a new, or so-called amended, judgment was entered…

2Cases cited1 opinion

  1. Lissner v. DochtermannAppellate Terms of the Supreme Court of New York · 1906

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