New York Court of Appeals

John H. Van Clief, Respondents v. Hannah R. Van Vechten, Impleaded

February 9, 1892130 N.Y. 571

Summary

The Court affirmed the County Court's jurisdiction to foreclose a mechanic's lien and held that the lien attached to the $800 difference between the contract price and the amount unpaid when the owner completed the building after the contractor's willful abandonment. It also concluded that no sum was due to the contractor at the time the lien was filed, so the lien attached under the statutory rule permitting attachment for the cost of completion.