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PERMANENTE PRODS. CO. v. BELL AIRCRAFT CORP.

276 A.D. 1054 (1950)

Permanente Products Company, Appellant, v. Bell Aircraft Corporation, Respondent. (Action No. 1.) Bell Aircraft Corporation, Respondent, v. Mills Industries, Incorporated, Defendant, and Permanente Products Company, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 22, 1950.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

We think, under the terms of the contract between Bell and Mills, Bell cannot sustain its right to an artisan's lien (Wiles Laundering Co. v. Hahlo, 105 N.Y. 234; Morgan & Gray v. Congdon, 4 N.Y. 552; Pezenik v. Greenberg, 94 Misc. 192). While we cannot agree with the trial court's decision as to the pledge agreement...

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