Majority
p. 691William P. Pickett, Assignee, Resp’t, v. Ada F. M. Gollner, App’lt. (City Court of Brooklyn, General Term, Filed October 28, 1889.)
Headnote
1. Mechanic’s lien — Mat be filed for terracing and sodding.Section 1 of the Mechanic’s Lien Law of 1885, is broad enough to include a claim, for terracing and sodding the yard of a building lot.
2. Same — Judgment.
Where an undertaking has been -given to discharge the lien, the judgment may be against defendant personally and for foreclosure of the lien.
p. 692
Appeal from judgment of foreclosure-of mechanic’s lien.
The claim was for regrading and sodding a terrace rendered necessary by the sliding of earth. An undertaking was given to discharge the lien under subd. 6 of § 24 of the act. Defendant contends that the Jaw does not authorize a hen for such work; that plaintiff’s case must fail because notice of the lien was not served on the owner, and that the judgment was erroneous in directing a personal judgment and also a judgment of foreclosure and sale.
Alfred R. Page, for app’lt; H. F. Koepke, for resp’t.
In our opinion the language of this mechanic’s lien statute, Laws 1885, chap. 342, § 1, is broad enough to include a claim for terracing and sodding the yard of a building lot. Moran v. Chase, 52 N. Y., 346 ; Kenney v. Apgar, 93 id., 539. The form of the judgment is substantially correct. Lawson v. Reilly, 13 Civ. Pro. Rep., 290.
The other questions raised by appellant have been disposed of adversely to him by the court of appeals in Kenney v. Apgar, 93 N. Y., 539 .
Judgment must be affirmed, with costs.
Clement, Ch. J., concurs.