Wm. Messer Co. v. Rothstein — 198 N.Y. 532

Majority

p. 532

Wm. Messer Company, Respondent, v. Abraham Rothstein et al., Appellants.

Headnote

Messer Co. v. Rothstein, 129 App. Div. 215 , affirmed.

(Submitted February 22, 1910;

decided March 15, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.

Jacob Manheim and Harry A. Gordon for appellants.

Max Monfried and Aaron A. Feinberg for respondent.

Judgment affirmed, with costs, on the ground that no question as to the validity of plaintiff’s lien was raised in the answer or on the trial; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.