L. Davidson, Inc. v. Bellows

Appellate Division of the Supreme Court of New York

L. Davidson, Inc. v. Bellows

254 A.D. 703, 3 N.Y.S.2d 854, 1938 N.Y. App. Div. LEXIS 7195

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

DecidedApril 22, 1938

StatusPublished

Cited by2 cases

This text of 254 A.D. 703 (L. Davidson, Inc. v. Bellows) 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

L. Davidson, Inc. v. Bellows, 254 A.D. 703, 3 N.Y.S.2d 854, 1938 N.Y. App. Div. LEXIS 7195 (N.Y. Ct. App. 1938).

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Opinion

In an action to foreclose a mechanic’s lien for improvements on real property owned by defendant Perlstein, which improvements were contracted for by defendant Bellows, her tenant, the lien was filed on November 4, 1936; and the notice of pendency was filed, apparently with the summons and complaint, on July 13, 1937. Service of the summons was made on defendant Bellows on September 20, but no service was made on defendant Perlstein until November 30, 1937. On a motion to dismiss the complaint as to the owner, Perlstein, on the ground that the action was not brought within one year from the time of filing the lien, the motion was granted. Order affirmed, without costs. No opinion. Hagarty, Davis, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents. Bellows and Perlstein were united in interest. Service on one was service on the other. (Civ. Prac. Act, § 16.)

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In an action to foreclose a mechanic’s lien for improvements on real property owned by defendant Perlstein, which improvements were contracted for by defendant Bellows, her tenant, the lien was filed on November 4, 1936; and the notice of pendency was filed, apparently with the summons and complaint, on July 13, 1937. Service of the summons was made on defendant Bellows on September 20, but no service was made on defendant Perlstein until November 30, 1937. On a motion to dismiss the complaint as to the owner, Perlstein, on the ground that the action was not brought within one year from the time of filing the lien, the motion was granted. Order affirmed, without costs. No opinion. Hagarty, Davis, Johnston and Taylor, JJ., concur; Lazansky, P. J., dissents. Bellows and Perlstein were united in interest. Service on one was service on the other. (Civ. Prac. Act, § 16.)

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Bluebook (online)

254 A.D. 703, 3 N.Y.S.2d 854, 1938 N.Y. App. Div. LEXIS 7195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-davidson-inc-v-bellows-nyappdiv-1938.

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