28 N.Y. St. Rep. 147 | City of New York Municipal Court | 1889
This action was commenced on or about the 16th day of September, 1889, to enforce a mechanic’s lien against the premises No. 2007 Eirst avenue, (notice filed November 8,1888,) owned by the defendant Simon, under the mechanic’s lien law, (chapter 342, Laws 1885.) Section 1 of said act provides as follows: “Section 1. Any person * * * who shall hereafter perform any labor or service, or furnish any materials, * * * in erecting, altering, or repairing any house, * * * building, * * * with the consent of the owner, as hereinafter defined, or his agent, or any contractor, * * * or any other person contracting with such owner to erect * * * as aforesaid, * * * may * * * have a lien * * * upon the lot or premises * * * upon which the same may stand, * * * to the extent of the right, title, and interest at that time existing of such owner, whether owner in fee or of a less estate, or whether a lessee for a term of years, * * * or of the owner of any right, title, or interest in such estate.” Section 1 of the act above referred to was amended by chapter 316