DE MARZO v. GATTO


204 Misc. 691 (1953)

Ralph L. De Marzo, Doing Business as Kew Forest Fuel Oil, Plaintiff, v. Daniel Gatto et al., Defendants.

Supreme Court, Special Term, Queens County.

October 1, 1953.


Attorney(s) appearing for the Case

Vincent Marcellino for Marie C. Castorina, defendant.

Jacob B. Gersten for plaintiff.


COLDEN, J.

Motion by defendant Castorina for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action.

Plaintiff brings this action to foreclose a mechanic's lien. The complaint alleges that plaintiff installed an oil-burning system in certain premises formerly owned by the defendants Gatto, but record title to which is presently in the name of the defendant Castorina. The sale and installation of...

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