Summary
In Kingston v. M.S. Construction Corp. (249 N.Y. 533) a notice of mechanics' lien was held to be insufficiently verified under the provisions of the Lien Law, (Cons. Laws ch. 33), section 9, which requires the notice to be "verified by the lienor."
Summary of this case from Ponsrok v. City of YonkersOpinion
Argued October 3, 1928
Decided October 23, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
Vincent E. Ferretti and Vitale H. Paganelli for plaintiff appellant and respondent.
Ulysses S. Adler for defendants, respondents and appellants.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division; question certified answered in the negative on the ground that the notice of lien was not verified in accordance with the statute; no opinion,
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.