Fay v. Muhlker
New York Court of Common Pleas
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
- Glacius v. . BlackNew York Court of Appeals · 1872
- Tenney v. . BergerNew York Court of Appeals · 1883
- Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
- Thomas v. . FleuryNew York Court of Appeals · 1862
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
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3Cited by15 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Berner v. KayeNew York Court of Common Pleas · 1895
- Carter, Rice & Co. v. HowardAppellate Terms of the Supreme Court of New York · 1896
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
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