Majority
p. 813William McAllister, v. Joseph S. Case et al.[1] (New York Common Pleas, General Term, Filed December 2, 1889.)
Headnote
Appeal—Leave to appeal—Mechanic’s liens.As the mechanic’s lien law of 1885 is general, and there may he a difference of opinion in the state, leave will be granted to appeal to the court of appeals on the question whether a lienor who is defendant in an action to foreclose another lien must file notice of pendency to continue his lien.
Application for leave to appeal to the court of appeals.
George A. Strong and Frederick M. Littlefield, for motion; John Hahn, opposed.
The question in this case is whether a person who has filed a mechanic’s lien and is made a party defendant to an action brought by another lienor to foreclose, must file a notice of pendency of action in order to continue his hen. Chap. 342, Laws of 1885, § 6. Our general term has held that he need not, and we are requested to permit an appeal to the court of appeals. As the act is general, and there may be a difference of opinion in the state on the question, I am in favor of facilitating its settlement by the court of last resort.
Larremore, Ch. J., and Van Hoesen, J., concur.