In re a Certain Contract Filed in the Office of the Comptroller of the City of New York

Appellate Division of the Supreme Court of New York

In re a Certain Contract Filed in the Office of the Comptroller of the City of New York

243 A.D. 598

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

Orders reversed, with twenty dollars costs and disbursements, the motion to strike out the notice and demand under section 36-d of the Lien Law served upon the contractor, requiring it to serve the verified statement mentioned in said section granted, and the cross-motion denied; and the motion directing service of the verified statement by the contractor upon Westinghouse Electric and Manufacturing Company denied. Section 36-d of the Lien Law does not apply to contracts made before its provisions went into effect. Present — Martin, P. J., Merrell, O’Malley, Townley and Untermyer, JJ.

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Orders reversed, with twenty dollars costs and disbursements, the motion to strike out the notice and demand under section 36-d of the Lien Law served upon the contractor, requiring it to serve the verified statement mentioned in said section granted, and the cross-motion denied; and the motion directing service of the verified statement by the contractor upon Westinghouse Electric and Manufacturing Company denied. Section 36-d of the Lien Law does not apply to contracts made before its provisions went into effect. Present — Martin, P. J., Merrell, O’Malley, Townley and Untermyer, JJ.

In re a Certain Contract Filed in the Office of the Comptroller of the City of New York, 243 A.D. 598 (N.Y. Ct. App. 1935).

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