Mechanic's Lien v. 478 Cherry Street

New York Supreme Court

Mechanic's Lien v. 478 Cherry Street

27 Misc. 682, 58 N.Y.S. 665

CourtNew York Supreme Court

DecidedJune 15, 1899

StatusPublished

Cited by1 cases

This text of 27 Misc. 682 (Mechanic's Lien v. 478 Cherry Street) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mechanic's Lien v. 478 Cherry Street, 27 Misc. 682, 58 N.Y.S. 665 (N.Y. Super. Ct. 1899).

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Opinion

Gildersleeve, J.

The owner of ^ the property discharged a mechanic’s lien by the payment of money into court, in accordance with the provisions of the Lien Law (chap. 418, Laws of 1897).

He Mow. asks leave to substitute a bond in place of the money. The statute contains no provision for such a proceeding, and I am unable to find any precedent therefor. It seems to me that the court is without jurisdiction to -make the order asked for.

Motion denied. Ro costs.

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Gildersleeve, J.

The owner of ^ the property discharged a mechanic’s lien by the payment of money into court, in accordance with the provisions of the Lien Law (chap. 418, Laws of 1897).

He Mow. asks leave to substitute a bond in place of the money. The statute contains no provision for such a proceeding, and I am unable to find any precedent therefor. It seems to me that the court is without jurisdiction to -make the order asked for.

Motion denied. Ro costs.

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Bluebook (online)

27 Misc. 682, 58 N.Y.S. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mechanics-lien-v-478-cherry-street-nysupct-1899.

Opinion

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