22 N.Y.S. 544 | New York Court of Common Pleas | 1893
The action was brought to foreclose a mechanic’s, lien for a balance of $800 claimed to be due under a certain contract between plaintiffs and defendant Lennon for painting and other-work upon five houses on West Mnety-Mnth street, in this city. The-complaint alleged performance, which was denied by the answer.. The referee found that the contract was substantially performed, and, after allowing $100 for some shortcomings, found that the-plaintiffs were entitled to $700, and interest, and that they had a valid lien for that amount. The defendants contend that the find
The allowance of $100 for omissions is complained of, on the ground that there was no evidence that that sum was fair and reasonable. The defendants produced bills for work done' to supply alleged deficiencies amounting to a little over $100. Other testimony showed the expense to be greater. Plaintiffs gave no testimony, and the referee was justified in fixing the allowance as stated.
The validity of the lien is questioned, on account of the verification, which states that “the statements therein contained are true, to his knowledge or information and belief.” This form of verification is in the precise language of the statute,
Laws 1885, c. 842, § 4.