Kelly v. Highland Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham Ruth and another, from an order of the Supreme Court, made at the ISTew York Special Term and entered in the office of the clerk of the county of Hew York on the 10th day of May, 1909, denying the said defendants’ motion for judgment upon the pleadings.
1Opinion of the Court
Ingraham, J.:
The action was brought to foreclose a mechanic’s lien which was filed on April 19, 1907, and which had been discharged by filing an-undertaking on May 22, 1907. On April 4, 1908, an order was entered continuing the lien for one year, and on January 30, 1909, this action was commenced. The ground of the motion is that the *580action was not commenced within one year after the lien was filed. The Lien Law (Laws of -1897, chap. 418, § 16) provides that, “ Ho lien specified in this article shall be a lien for a longer period than one- year after the notice of lien has been filed, unless…
2Cases cited1 opinion
- In re HurwitzNew York Supreme Court · 1908
3Cited by4 opinions
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Martirano Construction Corp. v. Briar Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Kinematics, Ltd. v. Sprayview Construction Corp.New York Supreme Court · 1960
- John R. Blair Co. v. Seadco Building Corp.Appellate Terms of the Supreme Court of New York · 1929