Legal Opinion
Atlantic Cement Co. v. St. Lawrence Cement Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1964PublishedCited by 5 opinions
1Opinion of the CourtGibson, P. J.
Petitioner appeals from three orders which denied, initially and upon reargument, its application for an order summarily discharging a notice of lien (Lien Law, § 19, subd. [6]) on the ground that it appears from the face of the notice that by reason of the character of the labor furnished, no valid lien exists.
The lienor contracted to furnish engineering services in connection with the construction of a cement mill, for which the lienor was to be paid at specified rates, and petitioner agreed to pay an additional fee of $400,000 in the event the completed plant should be shown capable of a…
2Cases cited6 opinions
- Goldberger-Raabin, Inc. v. 74 Second Avenue Corp.New York Court of Appeals · 1929
- Fyfe v. . Sound Development Co.New York Court of Appeals · 1923
- Midtown Contracting Co. v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1914
- O'Reilly v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1908
- Harbour Green Estates, Inc. v. North Shore Electric Corp.New York Supreme Court · 1957
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3Cited by5 opinions
- Aaron v. Great Bay Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- East Hills Metro, Inc. v. J.M. Dennis Construction Corp.New York Supreme Court · 2000
- In re FCZ Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Hayes v. SalesNew York Supreme Court · 1965