Leon Decorating Co. v. Fifth Avenue Realty Corp.
This text of 191 Misc. 89 (Leon Decorating Co. v. Fifth Avenue Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Defendant 0 ’Kane, as lessee, was obligated under the terms of the lease made with defendant-respondent Fifth Avenue Realty Corp., the owner, to do certain alteration work. This was a sufficient consent to make the owner liable for the painting work necessarily done by plaintiff in connection with the alteration. It was not necessary that plaintiff obtain a separate consent from the owner in order to be afforded the protection given by section 3 of the Lien Law.
The judgment should be reversed, with costs, and judgment directed for plaintiff, with costs.
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191 Misc. 89, 76 N.Y.S.2d 652, 1948 N.Y. Misc. LEXIS 2096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-decorating-co-v-fifth-avenue-realty-corp-nyappterm-1948.