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REARDON v. SPAGNA

284 A.D. 975 (1954)

John F. Reardon, Respondent, v. Joseph Spagna, Defendant. E. Jefferson Browder et al., Appellants

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

November 8, 1954.

Order reversed, without costs, and motion denied, without costs.

The appellants were not parties to the action. Special Term, therefore, could not, on motion in that action, determine the invalidity of the alleged liens, even though on the papers it would seem appellants have no liens. (Cf. Finkel v. Kushner, 183 Misc. 64, affd. 268 App. Div. 912, and Matter of Braverman, 242 App. Div. 634.) The jurisdictional objection was not waived. (Matter of...

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