Casey v. Connors Brothers Construction Co.
New York Supreme Court
Demubbeb by the defendant, The United States Fidelity and Guaranty Company, on the ground that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtAndrews, J.
The complaint clearly does not state facts sufficient to sustain an action for the foreclosure of a lien, or to establish its validity. It shows that the claim of the plaintiff is based upon work done for the construction of a public improvement, and that the notice was not properly filed. Yet as against the Connors Brothers Construction Company, the original contractor, the plaintiff may recover judgment for such sums as may be due him. Terwilliger v. Wheeler, 81 App. Div, 460.
*102The notice in question was filed with the county clerk. Thereupon The United States Fidelity and Guaranty Company,…
2Cases cited3 opinions
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Simonelli v. A. L. Guidone & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1922
- Fitzpatrick v. DevlinNew York Supreme Court · 1913