Preiser v. Schine — 247 N.Y. 591

Majority

p. 591

Fred H. Preiser, Appellant, v. Isaac E. Schine et al., Copartners under the Firm Name of City Lumber Company, Respondents, Impleaded with Others.

Headnote

Lien — invalidity of mechanics’ lien where notice fails to state labor performed or materials furnished at time of filing and agreed price or value thereof.

Preiser v. Schine, 221 App. Div. 878 , affirmed.

(Submitted February 17, 1928;

decided March 27, 1928.)

Appeal from a judgment, entered November 21, 1927, upon an order of the Appellate Division of the Supreme

p. 592

Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendants-respondents. The action was to foreclose mechanics’ liens. The Appellate Division held that the plaintiff’s liens were invalid for the reason that the notices did not state the labor performed or material furnished at the time of filing such liens and the agreed price or value thereof.

William Scott, M, for appellant.

William L. Bumsey and Francis A. Griffen for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and Ó’Brien, JJ.