Wagner v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, 0. Le Boy Butler and another, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of said county on the 1st day of August, 1912, upon the decision of the court rendered after a trial at a Special Term of said County Court.
1Opinion of the Court
Thomas, J.:
The action by a sub-contractor is to foreclose a mechanic’s lien, notice whereof was filed on February 27, 1911. But on the previous January and February seventeenth the owner had paid the contractor two sums aggregating $450, and the obligation of the contract released, although $125 was reserved by the owner to meet the expense of laying the sidewalk when suitable weather should permit it to be done. But the plaintiff invokes section 7 of the Lien Law (Consol. Laws, chap. 33 ; Laws of 1909, chap. 38) and asserts that the payments were ineffective to avoid his lien, inasmuch as…
2Cases cited3 opinions
- Behrer v. McMillanAppellate Division of the Supreme Court of the State of New York · 1906
- Behrer v. . City and Suburban Homes CompanyNew York Court of Appeals · 1908
- Wolf v. MendelsohnAppellate Terms of the Supreme Court of New York · 1904
3Cited by6 opinions
- J. W. Van Cott & Son v. GallonNew York County Court, Delaware County · 1937
- 3-G Servs. Ltd. v. SAP V/Atlas 845 WEA Assoc. NF L.L.C.Appellate Division of the Supreme Court of the State of New York · 2018
- F. T. Merrill v. B. R. Acker Co.Court of Appeals for the D.C. Circuit · 1944
- Glen Falls Portland Cement Co. v. Schenectady County Coal Co.New York Supreme Court · 1913
- Glens Falls Portland Cement Co. v. Schenectady County Coal Co.New York Supreme Court · 1914
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