Alexander v. Hollender

Citations

• 106 A.D. 404
• 94 N.Y.S. 796
• 1905 N.Y. App. Div. LEXIS 2599

Syllabus

<p>Mechanic’s lien — the filing of, by a sub-contractor, is an essential element of a (cause of action by him against the owner — what notice of lien is insufficient,</p> <p>A notice of mechanic’s lien which states, “ The labor performed and to be performed and the materials furnished and to be furnished, consists* of .electrical apparatus, wiring and equipment and labor of Nos. 149 West 125th Street and 152 to 158 West 126th Street, Borough of Manhattan, New York City, and the agreed price and value thereof is Four thousand five hundred and ninety-four 50/100 dollars (§4,594.50),’’ is insufficient.</p> <p>In an action brought to foreclose a mechanic’s lien filed by a sub-contractor, a motion to dismiss the complaint as to the owner, because of the plaintiff’s failure to prove a cause of action, presents the question whether á proper and sufficient notice of lien was filed by the plaintiff, as the filing of such a notice is one of the essential elements of the cause of action.</p>