Legal Opinion

Milliken Bros. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1913PublishedCited by 2 opinions

Appeal from a judgment of the Supreme Court, entered in the New York'cminty clerk’s Office on the 16th day of September, 1913, in an action to' enforce a mechanic’s lien.

1Opinion of the Court

Scott, J.:

Upon a former appeal in this action this court was of the opinion that the work out of which the claim arose had been substantially completed on October 8, 1906, the date upon which the final certificate of the architect had been signed, and the- building had been accepted and taken over by the city. It was consequently held that the claimant, respondent, had not acquired a valid lien because he had not filed a notice of lien until December 15, 1906, which we deemed to be more than thirty days'after the completion of the work. (135 App. Div. 598.) The Court of Appeals, upon the…

2Cases cited2 opinions

  1. Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
  2. Milliken Bros. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by2 opinions

  1. Michalowski v. EyAppellate Division of the Supreme Court of the State of New York · 1959
  2. Milliken Bros. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913

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