Upton Co. v. Flynn — 218 N.Y. 674

Majority

p. 674

The Upton Company, Respondent, v. Kate Flynn, Individually and as Executrix of Jerry Flynn, Deceased, Appellant, Impleaded with Another.

Headnote

Upton Co. v. Flynn, 169 App. Div. 79 , affirmed.

(Argued May 3, 1916;

decided May 23, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 675

entered August 18, 1915, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the Monroe County Court at a Trial Term, without a jury, in an action to foreclose a mechanic’s lien.

Glenn L. Buck for appellant.

William T. Plumb for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Chase, Collin, Cuddeback, Oardozo, Seabury and Pound, JJ.