Majority
p. 587Eddy Valve Company, Plaintiff, v. Village of Barker, Respondent, and Walter Wood, Appellant, Impleaded with Others. (Argued May 9, 1921; decided May 31, 1921.)
Headnote
Liens —• municipal corporations — contract for construction of waterworks system —■ foreclosure of liens for labor and materials — allowance for expense of completion of work.Eddy Valve Co. v. Village of Barker, 188 App. Div. 997 , affirmed.
■ Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 8, 1919, affirming a judgment
p. 588
entered upon a decision of the court at an Equity Term in an action to foreclose a materialman’s hen upon a waterworks system constructed for .defendant village of Barker. The findings of fact established all liens except one and found a fund in the hands of the village of Barker sufficient to pay the plaintiff’s costs and all the Hens so established except that of the defendant Walter Wood, to whom nothing was awarded. Appellant contended that the village made and was allowed for unwarranted payments in completing the work.
James G. Greene for appellant.
Abner T. Hopkins for respondent.
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Chase, Hogan, Caedozo, McLaughlin, Ceane and Andeews, JJ.