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Garden City Plating Mfg. Co. v. Ross-Sigmond

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1951
279 App. Div. 714 (N.Y. App. Div. 1951)

Opinion

December 4, 1951.

Appeal from Supreme Court, New York County.


It is alleged and not denied that all others concerned in the alteration in question have been fully paid and their claims satisfied; Special Term stated that this was "conceded".

Plaintiff is not entitled to the relief sought under section 72 Lien of the Lien Law. Plaintiff's proceedings and this motion appear to be maneuvers to avoid trying on the merits the issues raised in the action brought by defendant in Kings County before plaintiff instituted this action.

The order directing appellant to file a surety bond should be reversed, with $20 costs and disbursements to defendant-appellant, and plaintiff's motion denied.

Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to appellant, and the motion denied. [See post, p. 772.]


Summaries of

Garden City Plating Mfg. Co. v. Ross-Sigmond

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1951
279 App. Div. 714 (N.Y. App. Div. 1951)
Case details for

Garden City Plating Mfg. Co. v. Ross-Sigmond

Case Details

Full title:GARDEN CITY PLATING MANUFACTURING CO., on Behalf of Itself and All Other…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 4, 1951

Citations

279 App. Div. 714 (N.Y. App. Div. 1951)