Appellate Terms of the Supreme Court of New York, 1898

Perini v. Schmyg

Appellate Terms of the Supreme Court of New York · Decided October 15, 1898

24 Misc. 761; 53 N.Y.S. 946

Counsel

A. J. Wise, for appellant., Wahle & Stone, for respondent.

Opinion of the Court

Per Curiam.

The owner having discharged the lien by deposit with the county clerk, no order for its continuance Was necessary in order to support a foreclosure action instituted after the *762expiration of a year from the date of filing the lien. Hafker v. Henry, 5 App. Div. 258. The judgment also was not so erroneous in form as to call for a reversal. Egan v. Laemmle, 5 Misc. Rep. 244. .

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.