83 N.Y.S. 396 | N.Y. App. Div. | 1903
- This is an action to foreclose a mechanic’s lien for work, labor and services performed on premises known as No. 337 East Fifty-seventh street owned by the defendant. The lien is based upon a contract in parol by which the owner employed the plaintiff to make changes and alterations in the building then on the premises upon a ten per cent basis, that is, the plaintiff was to purchase the materials and procure the labor, and the defendant was to advance the necessary money therefor and to pay the plaintiff for his services in supervising the work and paying the bills an amount equal to ten per cent of the aggregate cost of materials and labor. • The court evidently dismissed the complaint upon the theory that the lien was not filed within the time prescribed by the statute. (Laws of 1897, chap.
' It follows, therefore, that the judgment should be reversed aiid a new trial granted, with costs to appellant to abide the event. ;■
Patterson, Ingraham and Hatch, JJ., concurred Van Brunt;, P. J., dissented.
judgment reversed, new trial ordered, costs to appellant to abide event.