
    HENRY VAN DENBURGH and others, Respondents, v. THE PRESIDENT AND TRUSTEES OF THE VILLAGE OF GREENBUSH, Appellants.
    
      Mechanic's lien—act for Rensselaer county—public buildings—exemption from oust.
    
    Chapter 778 of the Laws of 1866 (p. 9), establishing a mechanics’ lien law for Rensselaer county, was not repealed by chapter 558 of the Laws of 1869, as amended by chapter 194 of the Laws of 1870.
    
      Qucsre, whether the exemption from the lien law of the corporate property of a municipality used for a public use, established by the decision of Brinkerhoff v. Board of Education (6 Abb. [N. S.], 428), does not depend on the use actually made of the buildings, and not upon that for which they were intended. That is, whether the principle laid down in Brinkerhoff v. Board of Education would not apply to a building not actually used for a public purpose, whatever the intention of the village might have been when the contract was made.
    Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee.
    
      R. A. Parmenter, for the appellants.
    
      G. P. Jenks, for the respondents.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Judgment affirmed, with costs.  