Legal Opinion

Fay v. Muhlker

New York Court of Common Pleas

Decided November 7, 1892PublishedCited by 15 opinions

Appeal from judgment on report of referee. Action by Michael Fay against Henry Muhlker to foreclose a mechanic’s lien claimed under the provisions of sections 1807-1823, c. 410, Laws 1882, “Consolidation Act,” (chapter 379, Laws 1875,) relating to mechanics’ liens in the city of Hew York. From a judgment for defendant, entered on the report of a referee, for the amount of counterclaims in excess of the amount adjudged to be due on such lien, plaintiff appeals. Affirmed.

1Opinion of the CourtBischoff, J.

This action was to foreclose a mechanic’s lien claimed under a notice filed June 7, 1884. At that time the law in force, relative to such liens in the city of New York, was Laws 1882, c. 410, §§ 1807-1823, “Consolidation Act, ” (chapter 379, Laws 1875,) which provided that, as a requisite to the acquisition of a valid lien, “every original contractor” must file with the county clerk of the county, “within sixty days after the completion of his contract,” a claim setting forth certain particulars, which, in so far as concerns this appeal, need not be here enumerated. The law did not, in…

2Cases cited16 opinions

  1. Glacius v. . BlackNew York Court of Appeals · 1872
  2. Tenney v. . BergerNew York Court of Appeals · 1883
  3. Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
  4. Thomas v. . FleuryNew York Court of Appeals · 1862
  5. Wyckoff v. . MeyersNew York Court of Appeals · 1870

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3Cited by15 opinions

  1. Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
  2. Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
  3. Berner v. KayeNew York Court of Common Pleas · 1895
  4. Carter, Rice & Co. v. HowardAppellate Terms of the Supreme Court of New York · 1896
  5. Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895

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