Di Menna v. Cooper & Evans Co.
New York Court of Appeals
220 N.Y. 391, 115 N.E. 993 (1917)
- Written by Steven Pacht, JD
Facts
Michael Di Menna (plaintiff) was a subcontractor who provided labor and materials to Cooper & Evans Company (Cooper) (defendant), which had a contract with New York City (city). Di Menna’s contract with Cooper called for Cooper to make progress payments while the project was underway. Di Menna sued Cooper, alleging that Cooper stopped making progress payments, fired Di Menna, and terminated the contract. Di Menna requested the imposition of a mechanic’s lien in the amount of $3,650.43 against future payments by the city to Cooper, that such lien be enforced, and that a personal judgment be entered against Cooper and in Di Menna’s favor. Di Menna demanded a jury trial, which Cooper opposed.
Rule of Law
Issue
Holding and Reasoning (Cardozo, J.)
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