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Matter of Muller Constr. Co. v. Alvord Swift

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1975
50 A.D.2d 572 (N.Y. App. Div. 1975)

Opinion

November 10, 1975


In a proceeding to vacate a demand for a verified statement pursuant to section 76 Lien of the Lien Law, petitioner appeals from an order of the Supreme Court, Westchester County, entered June 11, 1975, which, inter alia, denied the application. Order affirmed, with $20 costs and disbursements. A subcontractor, upon request made to the general contractor, is entitled to receive a verified statement pursuant to the provisions of section 76 Lien of the Lien Law, which statement should contain reference not only to moneys allegedly owed on the contract, but also to claims based on damages due to delay and based on extra work performed on order (although not confirmed by change orders). (See Lien Law, § 70, subd 1; 71, subds 2 and 4.) Martuscello, Acting P.J., Cohalan, Munder and Shapiro, JJ., concur.


Summaries of

Matter of Muller Constr. Co. v. Alvord Swift

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1975
50 A.D.2d 572 (N.Y. App. Div. 1975)
Case details for

Matter of Muller Constr. Co. v. Alvord Swift

Case Details

Full title:In the Matter of STEWART M. MULLER CONSTRUCTION COMPANY, INC., Appellant…

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

Date published: Nov 10, 1975

Citations

50 A.D.2d 572 (N.Y. App. Div. 1975)

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