Goeltz v. Keepsdry Construction Co. — 226 N.Y. 618

Majority

p. 618

William L. Goeltz, Respondent, v. Keepsdry Construction Company et al., Appellants, and A. Pardi Tile Company et al., Respondents, Impleaded with Others.

Headnote

Goeltz v. Keepsdry Construction Co., 177 App. Div. 882 , affirmed.

(Submitted January 31, 1919;

decided April 15, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Eebruaiy 28-, 1917, affirming a judgment in favor of plaintiff and defendants, ’ respondents, entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s. lien for work done and materials furnished.by .plaintiff’s assignor in the construction of a public bath in the city of -New York under a sub-contract from the Keepsdry Construction Company, the general contractor for such work.

Joseph M. Proskauer, Carlisle J. Gleason and Frederick Mellor for appellants.

p. 619

Joseph Nicchia and George P. Foulk for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cuddeback, Pound, Crane and Andrews, JJ. Not voting: Cabdozo, J.