S. Shanken Metal Ceiling Co. v. Fort Masonry Co.

Majority

p. 632

S. Shanken Metal Ceiling Company, Inc., Respondent, v. Fort Masonry Company et al., Respondents, and Samuel Rabinowitz et al., Appellants.

Headnote

S. Shanken Metal Ceiling Co. v. Fort Masonry Co., 174 App. Div. 856 , affirmed.

(Argued November 25, 1918;

decided December 10, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1916, affirming a judgment in favor of plaintiff and defendant, respondent, entered upon a decision of the Bronx County Court at a Trial Term without a jury in an action to foreclose a mechanic’s lien. Plaintiff was a subcontractor of the defendant Fort Masonry Company which by its answer set up a claim for foreclosure of a mechanic’s hen filed by it. The answer of the defendants, appellants, the owners, denied that the general contractor had substantially performed its contract and as a separate defense alleged the execution by said contractor of an agreement of indemnity which it had failed to perform.

Emil Weitzner and David Steckler for appellants.

Louis Weinberger for plaintiff, respondent.

Bernard Gordon and William Jasie for defendants, respondents.

p. 633

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound and Andrews, JJ." Not sitting: McLaughlin, J.