Furze v. City of New York
New York Supreme Court
Action by Harry Furze against the City of New York and others-to enforce a lien on a public improvement. Motion granted to dismiss on the ground that the lien has expired.
1Opinion of the CourtGiegerich, J.
[1] The substantial question in this case is controlled by Martin v. De Coppet, 64 Misc. Rep. 385, 118 N. Y. Supp. 523. As all the other lienors were necessary parties by provision of the statute (section 44 of the Lien Law), the action was-not commenced until they were all served; none of them being united in interest. Martin v. De Coppet, supra, and cases cited. It may be-conceded that the lodging with the sheriff of the summons upon several of the defendants, followed by service upon them or their appearance within 60 days thereafter, was sufficient under section 399 of the Code of Civil…
2Cases cited1 opinion
- Martin v. de CoppetNew York Supreme Court · 1909
3Cited by1 opinion
- Assay Partners v. Econowatt Corp.Appellate Division of the Supreme Court of the State of New York · 1991