New York Court of Appeals

Teresa Rice, Respondent v. Marvin A. Culver, Appellant and Julius Friederich, Respondent, Impleaded With Others

October 7, 1902172 N.Y. 60

Summary

The Court of Appeals held that under the Mechanics' Lien Law, a landlord's consent must be an affirmative act or control with expectation of benefit; therefore the landlord was not liable for the plaintiff's post‑lease plumbing lien, but was liable for the grading lien filed by Friederich that was performed before the lease took effect and while the landlord retained possession.