Snaith v. Smith — 56 N.Y. St. Rep. 524

Majority

p. 524

John Snaith, Resp’t, v. George D. Smith, App’lt.

(City Court of New York, General Term,

Filed October 20, 1893.)

Headnote

Mechanic’s lien—Certificate.

Where the contract makes the architect’s certificate conclusive evidence of the builder’s right to recover, the giving of such certificate by the architect establishes such right, unless its effect is vitiated or destroyed by the evidence.

Appeal from judgment rendered by the trial judge on trial without a jury.

Shepard & Prentiss, for app’lts ; Wilmot & Sage, for resp’t.

This action is to foreclose a mechanics’ lien, under a building contract, which by its terms, makes the architect’s certificate, conclusive evidence of the builders right to the final judgment. The architect gave the required certificate, and there was not evidence offered to vitiate or destroy the effect, which the contract provided it was to receive, so that by the terms of the contract, and according to the unbroken line of authorities in this state, the plaintiff’s right to recover was clearly established.

We find no error in the rulings, and the judgment appealed from must be affirmed, with costs.

McCarthy, . J., concurs.