A. Toffolo, Inc. v. Schwartz

New York Supreme Court

A. Toffolo, Inc. v. Schwartz

21 Misc. 2d 253, 193 N.Y.S.2d 917, 1959 N.Y. Misc. LEXIS 2647

DecidedNovember 12, 1959

StatusPublished

This text of 21 Misc. 2d 253 (A. Toffolo, Inc. v. Schwartz) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. Toffolo, Inc. v. Schwartz, 21 Misc. 2d 253, 193 N.Y.S.2d 917, 1959 N.Y. Misc. LEXIS 2647 (N.Y. Super. Ct. 1959).

Pincite

Opinion

Per Curiam.

The lien expired and was lost by the plaintiff’s failure to comply with section 17 of the Lien Law. Further, as no personal liability was alleged nor evidentiary showing made of a contractual relation between the plaintiff and the moving defendants, no issue of fact remained to be tried.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

The lien expired and was lost by the plaintiff’s failure to comply with section 17 of the Lien Law. Further, as no personal liability was alleged nor evidentiary showing made of a contractual relation between the plaintiff and the moving defendants, no issue of fact remained to be tried.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 253, 193 N.Y.S.2d 917, 1959 N.Y. Misc. LEXIS 2647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-toffolo-inc-v-schwartz-nysupct-1959.