Jenkin Contr. Co., Inc. v. Sixth Ave. and 57th St.

Full title: JENKIN CONTRACTING CO., INC., Appellant, v. SIXTH AVE. AND 57TH STREET…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 1953

282 App. Div. 662 (N.Y. App. Div. 1953)

Opinion

June 9, 1953.

Present — Peck, P.J., Glennon, Dore, Cohn and Breitel, JJ. [See post, p. 760.]

While the "consent" of the owner, which is the predicate of a lien in favor of a contractor under section 3 Lien 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, with costs.