In re Intercounty Construction Corp.
This text of 238 A.D. 864 (In re Intercounty Construction Corp.) 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.
Opinion
Order denying motion to discharge lien reversed on the law and the facts, without costs, and motion granted to the extent of discharging all of the lien except the sum of $372.22, representing the labor of the operator of the tractor, as to which sum the motion is denied. In our opinion, the respondent is not entitled to a mechanic’s lien for the value of the use of the tractor. It did not go into the work but remained the property of the respondent and was returned to him upon completion of the contract work. (See Troy Public Works Co. v. City of Yonkers, 207 N. Y. 81.) The appeal from the order denying motion for reargument is dismissed. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
238 A.D. 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-intercounty-construction-corp-nyappdiv-1933.