William R. Bergmann, Inc. v. Adelco Holding Corp.

Appellate Division of the Supreme Court of New York

William R. Bergmann, Inc. v. Adelco Holding Corp.

240 A.D. 726

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

DecidedJune 15, 1933

StatusPublished

This text of 240 A.D. 726 (William R. Bergmann, Inc. v. Adelco Holding Corp.) 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

William R. Bergmann, Inc. v. Adelco Holding Corp., 240 A.D. 726 (N.Y. Ct. App. 1933).

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Opinion

Judgment modified by providing that plaintiff has a lien on premises described in the first cause of action for the materials furnished and labor performed, and a lien on premises described in the second cause of action for the materials furnished and two-thirds of the labor performed, and as so modified the judgment, in so far as appealed from, is unanimously affirmed, without costs. The findings justify the inference that said materials were furnished and labor performed by plaintiff with the consent and at the request of Bergmann, the contractor. (Lien Law, § 3.) The notices of liens sufficiently comply with the requirements of the Lien Law. (Lien Law, § 23.) Conclusions of law inconsistent herewith are reversed and new conclusions of law accordingly will be made. Present — Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ. Settle order on two days’ notice.

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Judgment modified by providing that plaintiff has a lien on premises described in the first cause of action for the materials furnished and labor performed, and a lien on premises described in the second cause of action for the materials furnished and two-thirds of the labor performed, and as so modified the judgment, in so far as appealed from, is unanimously affirmed, without costs. The findings justify the inference that said materials were furnished and labor performed by plaintiff with the consent and at the request of Bergmann, the contractor. (Lien Law, § 3.) The notices of liens sufficiently comply with the requirements of the Lien Law. (Lien Law, § 23.) Conclusions of law inconsistent herewith are reversed and new conclusions of law accordingly will be made. Present — Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ. Settle order on two days’ notice.

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Bluebook (online)

240 A.D. 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-r-bergmann-inc-v-adelco-holding-corp-nyappdiv-1933.