Hyperlawhypertext legal database E. Paul Co. v. Athens Hotel Co. 144 N.Y.S. 1115

← Cases

E. Paul Co. v. Athens Hotel Co.

144 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1913-12-31 English

Contents

Majority

p. 1115
E. PAUL CO. v. ATHENS HOTEL CO.
(Supreme Court, Appellate Division, First Department.
December 31, 1913.)

Headnote

Cross-Appeals from Trial Term, New York County. Action by the E. Paul Company against the_ Athens Hotel Company to foreclose a mechanics’ lien. From the judgment entered on a decision, plaintiff appeals, and defendant takes a cross-appeal.
Modified and affirmed.
Frederick Hulse, of New York City, for plaintiff.
Theall & Beam, of New York City (Alexander Thain, of New York City, of counsel), for defendant.

Upon the plaintiff’s appeal it appears that two items for extra work duly ordered in writing, properly certified to, and the reasonable value thereof competently proved without contradiction, should have been allowed by the learned trial court: First, for the moving of brick chimney under the special order of September 28, 1910, amounting to $239.25; and the other, reinstalling the one-inch conduit under special order of April 5, 1911, amounting to $18.75—the two items together being $258.-03. We find no other errors upon these appeals. The judgment should therefore be modified by the allowance of said sums, with interest from the interest date fixed by the judgment, and, as so modified, affirmed, with costs to the plaintiff. Submit appropriate findings and settle order on notice.