JENKIN CONTRACTING CO., INC. v. SIXTH AVE. & 57TH ST. CORP.


282 A.D. 662 (1953)

Jenkin Contracting Co., Inc., Appellant, v. Sixth Ave. and 57th Street Corp., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 9, 1953.


While the "consent" of the owner, which is the predicate of a lien in favor of a contractor under section 3 of the Lien Law, need not amount to a contractual relationship, we think that the trial court properly decided on the facts of this case and that the owner had not given his "consent" within the requirement of the statute.

Judgment, so far as appealed from, unanimously affirmed...

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