¶1(Orally). The corporation being the owner and Oliff the contractor, it ought to appear by the complaint that the work was performed and the materials were furnished by the plaintiff to McOliff, in conformity with the terms of the contract made by McOliff, with the owner, the corporation. This was essential to the right of lien. The complaint contains no such averment, nor does that fact appear even by the notice filed with the county clerk. Ho right of action was •shown by the complaint, and no injunction can be granted.
1 Abb. Pr. 322
Quin v. McOliff
New York Court of Common Pleas
Decided February 15, 1855
New York Court of Common Pleas · decided 1855-02-15
This was an action brought against McOliff, and the corporation of the city of New York. Its object was to foreclose a mechanic’s lien, claimed by the plaintiff, upon a building owned by the corporation. The plaintiff had done work upon the building in pursuance with a contract between himself and McOliff, who had contracted with the corporation. The corporation appeared in the action; but the defendant, McOliff, made default.
Decided 1855-02-15