Benjamin F. De Klyn, Appellant v. Annie W. Gould, Respondent, Impleaded With Joseph H. Simpson and Simpson’s

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the mechanics' lien could not be enforced against Mrs. Gould because the notice of lien failed to name her as the party against whose interest the lien was claimed, and that her mere acquiescence to the tenant's alterations did not satisfy the statutory requirement of affirmative consent. Consequently, the judgment in favor of the lienor was reversed.