Bierschenk v. Dunphy — 36 N.Y.S. 1122

Majority

p. 1122

BIERSCHENK et al. v. DUNPHY.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Headnote

Action by Charles M. Bicrschenk and another against John Dunphy.

Wilson, Barker & AVilson (Frank Barker, of counsel), for appellant.

Henry Pressprich, for respondents.

This is an appeal by the owner from a judgment in favor of the plaintiffs in an action to foreclose a mechanic’s lien. The case was tried before a judge without a jury, and the findings are supported by the evidence. The record presents no error of law, and the judgment should be affirmed, with costs. BROAVN, J., dissents, without opinion.