DeFrancisco v. Perry

Appellate Division of the Supreme Court of New York

DeFrancisco v. Perry

257 A.D. 1038, 13 N.Y.S.2d 843, 1939 N.Y. App. Div. LEXIS 8986

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1038 (DeFrancisco v. Perry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeFrancisco v. Perry, 257 A.D. 1038, 13 N.Y.S.2d 843, 1939 N.Y. App. Div. LEXIS 8986 (N.Y. Ct. App. 1939).

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Opinion

Judgment so far as appealed from reversed on the law and judgment otherwise modified on the law by providing that the liens of the respondents Mallare and the United Lumber and Supply Corporation are inferior to the lien mortgage of the plaintiff DeFrancisco and as so modified affirmed, with costs to the plaintiff DeFrancisco. Memorandum: The record is lacking in evidence that the plaintiff, either personally or through an agent, agreed to pay the defendant Mallare for his work on the mortgaged premises. Anthony DeFrancisco is not shown to have been plaintiff’s agent and the record contains no evidence of conduct on the plaintiff’s part on which an estoppel to claim the priority of his mortgage lien can be predicated. All concur. (The portion of the judgment appealed from is for the defendant corporation in one action and for the plaintiff in the other action, in consolidated actions to foreclose a mortgage.) Present — Sears, P. J., Grosby, Lewis, Taylor and Dowling, JJ.

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Judgment so far as appealed from reversed on the law and judgment otherwise modified on the law by providing that the liens of the respondents Mallare and the United Lumber and Supply Corporation are inferior to the lien mortgage of the plaintiff DeFrancisco and as so modified affirmed, with costs to the plaintiff DeFrancisco. Memorandum: The record is lacking in evidence that the plaintiff, either personally or through an agent, agreed to pay the defendant Mallare for his work on the mortgaged premises. Anthony DeFrancisco is not shown to have been plaintiff’s agent and the record contains no evidence of conduct on the plaintiff’s part on which an estoppel to claim the priority of his mortgage lien can be predicated. All concur. (The portion of the judgment appealed from is for the defendant corporation in one action and for the plaintiff in the other action, in consolidated actions to foreclose a mortgage.) Present — Sears, P. J., Grosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 1038, 13 N.Y.S.2d 843, 1939 N.Y. App. Div. LEXIS 8986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defrancisco-v-perry-nyappdiv-1939.