SUN CONSTR. CORP. v. RESNICK


283 A.D. 797 (1954)

Sun Construction Corp., Respondent, v. Daniel Resnick et al., Appellants, et al., Defendants

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

March 1, 1954.


Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The action is by a general contractor to foreclose a mechanic's lien on real property owned by appellants, for a claimed balance of $4,500 due upon a contract for construction of two dwelling houses at an alleged contract price of $41,000. The action was not commenced until about nine months after the service and filing of the notice of lien. It was not noticed for trial by plaintiff...

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