W. E. Blume, Inc. v. Postal Telegraph-Cable Co.

Appellate Division of the Supreme Court of New York

W. E. Blume, Inc. v. Postal Telegraph-Cable Co.

265 A.D. 1062, 39 N.Y.S.2d 539, 1943 N.Y. App. Div. LEXIS 6922

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

DecidedFebruary 8, 1943

StatusPublished

Cited by3 cases

This text of 265 A.D. 1062 (W. E. Blume, Inc. v. Postal Telegraph-Cable Co.) 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

W. E. Blume, Inc. v. Postal Telegraph-Cable Co., 265 A.D. 1062, 39 N.Y.S.2d 539, 1943 N.Y. App. Div. LEXIS 6922 (N.Y. Ct. App. 1943).

Pincite

Opinion

The complaint shows that a former defendant, Roxbury, was a contractor, plaintiff a subcontractor, and the appellant an owner, all within the meaning of sections 2, 3 and 4 of the Lien Law. Under such facts, no lien may attach if the owner has discharged his obligation to the contractor, and it appears that that has been done. The fact that an owner has knowledge of or acquiesces in a subcontractor’s performing work on the owner’s property is not in itself sufficient to create a right to a lien, where there is a fully performed contract for the same work between the owner and the contractor. Close, P. J., Hagarty, Adel, Taylor and Lewis, JJ., concur.

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The complaint shows that a former defendant, Roxbury, was a contractor, plaintiff a subcontractor, and the appellant an owner, all within the meaning of sections 2, 3 and 4 of the Lien Law. Under such facts, no lien may attach if the owner has discharged his obligation to the contractor, and it appears that that has been done. The fact that an owner has knowledge of or acquiesces in a subcontractor’s performing work on the owner’s property is not in itself sufficient to create a right to a lien, where there is a fully performed contract for the same work between the owner and the contractor. Close, P. J., Hagarty, Adel, Taylor and Lewis, JJ., concur.

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Bluebook (online)

265 A.D. 1062, 39 N.Y.S.2d 539, 1943 N.Y. App. Div. LEXIS 6922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-e-blume-inc-v-postal-telegraph-cable-co-nyappdiv-1943.

Opinion

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