15 Daly 299 | New York Court of Common Pleas | 1889
This action was brought by plaintiff to foreclose a mechanic’s lien, and he made the defendant Rudolf, the defendant the Hopkins & Dickinson Manufacturing Company, and others parties as subsequent lienors. The trial was before a referee, who found in favor of plaintiff’s lien, and also that such subsequent liens had been duly filed. Said referee, however, further decided, with regard to the lien of said Rudolf, that, as he had not commenced an action, or filed a lis pendens, within a year from the filing of his lien, the same became inoperative, as far as securing any claim in rem. He therefore in his report disallows the right of said Rudolf to payment out of the fund, and promotes to his place a subsequent lienor. From the judgment confirming said report this appeal is taken. There was but a single question discussed on the argument, and that seems to be the only one involved. It was conceded by all that, under the language of section 6 of the mechanic’s lien act of 1885,
Laws N. Y. 1885, c. 342.