Mellen v. Athens Hotel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Athens Hotel Company, from an order of the Supreme Court made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1912.
1Opinion of the Court
Scott, J.:
This is an appeal by defendant Athens Hotel Company from an order denying its motion that the defendant E. E. Paul Company be required to accept appellant’s answer and that the cause be stricken from the calendar. The action is to foreclose a mechanic’s lien upon a hotel owned by the appellant. Plaintiff’s lien was filed July 25, 1911. The defendant E. E. Paul Company had filed a lien on July 16, 1911, and was necessarily *535made a party defendant. (Lien Law [Consol. Laws, chap. 33; Laws of 1909, chap. 38], § 44.)
On December 1, 1911, the defendant E. E. Paul Company served upon…
2Cited by14 opinions
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- Paretta v. White Acres Realty Corp.New York Supreme Court · 1948
- Chambland v. BrewerNew York Supreme Court · 1966
- George W. Maltby & Sons Co. v. Charles P. Boland Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Henry Quentzel Plumbing Supply Co. v. 60 Pineapple Residence Corp.New York Supreme Court · 1984
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