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Metzendorf v. Town Improvement Association, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 712 (N.Y. App. Div. 1935)

Opinion

February, 1935.

Present — Lazansky, P.J., Hagarty, Scudder, Tompkins and Davis, JJ.


Action to foreclose a mechanic's lien in which defendants had liens subordinate to that of the plaintiff, whose claim was paid and lien discharged prior to the trial. The issues between the defendants were tried and resulted in judgments in favor of respondent Western Woodworking Co., Inc., and defendant Seitz against Town Improvement Association, Inc., the owner of the premises. Judgment as against Town Improvement Association, Inc., unanimously affirmed, in so far as appealed from, with costs. Appeals by defendants Rowan dismissed, with costs. Defendants Rowan did not appear at the trial and hence were in default. They, therefore, have no standing on this appeal.


Summaries of

Metzendorf v. Town Improvement Association, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 712 (N.Y. App. Div. 1935)
Case details for

Metzendorf v. Town Improvement Association, Inc.

Case Details

Full title:MARTHA METZENDORF, Plaintiff, v. TOWN IMPROVEMENT ASSOCIATION, INC., and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1935

Citations

243 App. Div. 712 (N.Y. App. Div. 1935)