Maira v. Friedman — 226 N.Y. 706

Majority

p. 706

Louis Maira, Respondent, v. Esther Friedman, Appellant, and Charles W. Hartung et al., Respondents, Impleaded with Others.

Headnote

Maira v. Friedman, 171 App. Div. 887 , affirmed.

(Submitted May 22, 1919;

decided June 6, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1915, affirming a judgment in favor of plaintiffs, and defendants-respondents, entered upon a decision of the Monroe County Court on trial without a jury in an action to foreclose a mechanic’s lien. The defendant, appellant, contended that plaintiff wrong

p. 707

fully abandoned and failed to complete the work he had contracted to perform.

William MacFarlane for appellant.

George E. Warner for plaintiff-respondent.

Eugene Baines for defendants-respondents.

Judgment affirmed, with costs to each set of respondents appearing by separate attorney; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.