Lawson v. Yeo

Appellate Division of the Supreme Court of New York

Lawson v. Yeo

249 A.D. 889, 292 N.Y.S. 550, 1937 N.Y. App. Div. LEXIS 10079

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

DecidedJanuary 14, 1937

StatusPublished

This text of 249 A.D. 889 (Lawson v. Yeo) 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

Lawson v. Yeo, 249 A.D. 889, 292 N.Y.S. 550, 1937 N.Y. App. Div. LEXIS 10079 (N.Y. Ct. App. 1937).

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Opinion

Appeal from a judgment of the Supreme Court entered in the Broome county clerk’s office on March 25,1936, after a trial by the court adjudging that plaintiff contractor has a mechanic’s lien on certain real property of defendant for $750.35, with interest and costs, subject to $284.25 due a subcontractor, and foreclosing the lien and directing a sale. This action to foreclose a mechanic’s lien arose out of the performance of a contract between plaintiff, as contractor, and defendant Yeo, as owner, for the erection of a dwelling. Plaintiff claimed a balance unpaid upon the contract of $900 and for extra work of $154, less a small credit. Defendant Yeo contended that plaintiff did not complete the building within the time specified, did not pay for labor and materials, and that the work was faulty. A large number of small items were involved. The trial court found that plaintiff had substantially performed his contract and awarded plaintiff $902.35, less an allowance on a counterclaim of $152, leaving a total of $750.35, subject to a deduction of $284.25 to be first paid to a subcontractor, the defendant Angelo, and directed judgment of foreclosure and sale. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Appeal from a judgment of the Supreme Court entered in the Broome county clerk’s office on March 25,1936, after a trial by the court adjudging that plaintiff contractor has a mechanic’s lien on certain real property of defendant for $750.35, with interest and costs, subject to $284.25 due a subcontractor, and foreclosing the lien and directing a sale. This action to foreclose a mechanic’s lien arose out of the performance of a contract between plaintiff, as contractor, and defendant Yeo, as owner, for the erection of a dwelling. Plaintiff claimed a balance unpaid upon the contract of $900 and for extra work of $154, less a small credit. Defendant Yeo contended that plaintiff did not complete the building within the time specified, did not pay for labor and materials, and that the work was faulty. A large number of small items were involved. The trial court found that plaintiff had substantially performed his contract and awarded plaintiff $902.35, less an allowance on a counterclaim of $152, leaving a total of $750.35, subject to a deduction of $284.25 to be first paid to a subcontractor, the defendant Angelo, and directed judgment of foreclosure and sale. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

249 A.D. 889, 292 N.Y.S. 550, 1937 N.Y. App. Div. LEXIS 10079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-yeo-nyappdiv-1937.