May v. New Amsterdam Casualty Co.

This is an appeal by the plaintiff from an order and summary judgment entered thereon dismissing the complaint herein. To pass upon the issues involved it is necessary to consider all of the various steps taken in their chronological order.

Plaintiff is a contractor. It is alleged that he performed work and furnished materials for the Osborne Construction Co., Inc., on a home development project in the city of Elmira and the adjacent town of Southport, Chemung County. On November 18, 1943, he filed a notice of mechanic’s lien for work done and materials furnished to the construction company,…