Legal Opinion

Jenkin Contracting Co. v. Sixth Avenue & 57th Street Corp.

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

Decided June 9, 1953PublishedCited by 3 opinions

1Opinion of the Court

While the “consent” of the owner, which is the predicate of a lien in favor of a contractor under section 3 of the Lien Law, need not amount to a contractual relationship, we think that the trial court properly decided on the facts of this ease and that the owner had not given his “ consent ” within the requirement of the statute. Judgment, so far as appealed from, unanimously affirmed, with costs. Present — Peek,

P. J., Glennon, Dore, Cohn and Breitel, JJ. [See post, p. 760.]

2Cited by3 opinions

  1. Hartman v. TravisAppellate Division of the Supreme Court of the State of New York · 1981
  2. Forte v. Roc Hill Associates, Inc.New York Supreme Court · 1965
  3. Seaboard Pools, Inc. v. FreemanNew York Supreme Court · 1965