Contracts · MBE-tested

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

282 A.D. 662·New York Supreme Court, Appellate Division·1953·NY

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Opinion

Jenkin Contracting Co., Inc., Appellant, v. Sixth Ave. and 57th Street Corp., Respondent, et al., Defendants. [MAJORITY] 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 ease 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. Present — Peek, P. J., Glennon, Dore, Cohn and Breitel, JJ. [See post, p. 760.]