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TRIPLE CITIES CONSTR. CO. v. DAN-BAR CONTR. CO.

285 A.D. 299 (1954)

Triple Cities Construction Co., a Copartnership, Respondent, v. Dan-Bar Contracting Co., Inc., Defendant, and Maryland Casualty Company, Appellant

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

December 28, 1954.

Attorney(s) appearing for the Case

William F. Conway for appellant.

James B. Gitlitz for respondent.

Ringwood & Pasqua for defendant.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur.

HALPERN, J.

This is an appeal from an order denying the motion of the defendant Maryland Casualty Company for judgment on the pleadings and for the cancellation of a public improvement lien filed by the plaintiff.

The plaintiff had performed labor and supplied materials under a subcontract with the defendant Dan-Bar Contracting Co., Inc. (hereinafter referred to as Dan-Bar), which had entered into a general...

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