121 N.E. 763 | NY | 1919
This is an action to foreclose a mechanic's lien. The only question presented on this appeal is whether electric lighting fixtures furnished and used for the purpose of equipping an office building and the labor performed in installing them are included in the term "permanent improvement of real property" as used in sections
Manifestly it was not the intention of the revisers to curtail the old law or to withdraw from its protection any class of labor, services or materials which had previously been included therein. "Such a construction ought to be put upon a statute as will best answer the intention the makers had in view." (Riggs
v. Palmer,
The legislature by Laws of 1914, chapter 506, has amended section
The judgment of the Appellate Division and that portion of the judgment of the trial court appealed from should be reversed and judgment ordered in favor of the plaintiff establishing its lien, with costs to the appellant in all courts.
HISCOCK, Ch. J., CUDDEBACK, CARDOZO, CRANE and ANDREWS, JJ., concur; COLLIN, J., not voting.
Judgment accordingly. *142