This section contains the nature of the case and procedural background.

Di Menna (P), a subcontractor, furnished labor and materials to D which had a contract with the city of New York for public improvement. After a time, D refused to make further advances to P and discharged P and terminated the contract between them. P claimed $3,650.43 still owed and asked for a judgment and lien against the monies owed D by the city of New York. D denied the claim and counterclaimed for $11,671.41, and that P had wrongfully abandoned the contract. A special verdict was rendered by the jury to P for $4,137.97. D was denied recovery. The lien issue was then put before the judge, and the city of New York proved that the lien was filed too late. The court ruled it invalid. P appealed.

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