Maeder v. Wexler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Adolph Wexler, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 2Gth. day of February, 1904, affirming a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said City Court on the 18th day of December, 1903.
1Opinion of the Court
O’Brien, J.:
The second defense contained in defendant’s answer sets up a former judgment between the same parties, which it was claimed was a bar. There being a dispute as to what was admitted and what was denied with respect to the former judgment, it becomes necessary to refer to so much of the pleadings as solves this dispute.
In the 8th paragraph of the second defense it was alleged “ That pn or before the 1st day of November, 1901, plaintiff duly tiled a notice of his alleged claim and lien for the said work and materials set forth in paragraph 61 ’ of the complaint, and claimed a lien…
2Cases cited4 opinions
- Kinney v. . KiernanNew York Court of Appeals · 1872
- O'Beirne v. . LloydNew York Court of Appeals · 1870
- Booth v. BarronAppellate Division of the Supreme Court of the State of New York · 1898
- Maeder v. WexlerAppellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Ney v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1923
- Brown v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1915
- Fulton v. CannoAppellate Division of the Supreme Court of the State of New York · 1922
- Solomonick v. LevyAppellate Terms of the Supreme Court of New York · 1911