Reisler v. Silbermintz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rachel Silbermintz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of February, 1904, upon the verdict of a jury,- and also from an order entered in said clerk’s office on the 29th day of February, 1904, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This action was brought to foreclose a mechanic’s lien, but was not sustained in that form, and it eventually was tried and determined as one to recover on a contract to pay for work and labor done and materials furnished by the plaintiffs to the defendant Silbermintz in connection with certain alterations to a building in the the city of New York belonging to her. The allegations of the complaint should be considered in connection with the object for which the action was originally instituted. There are averments leading up to the right of the plaintiffs to enforce a lien, some…
2Cases cited2 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- W. T. Merserau Co. v. WashburnAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Schaefer v. Brunswick Laundry, Inc.Supreme Court of New Jersey · 1936
- A. Schwoerer & Sons, Inc. v. StoneAppellate Division of the Supreme Court of the State of New York · 1909
- Way v. BaydushSupreme Court of Virginia · 1922
- Spaulding v. BenenatiAppellate Division of the Supreme Court of the State of New York · 1982
- A. Schwoerer & Sons, Inc. v. StoneAppellate Division of the Supreme Court of the State of New York · 1909
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