ALBANY STEEL & IRON SUPPLY CO. v. MECH. INSTALLATIONS


13 Misc.2d 128 (1958)

Albany Steel and Iron Supply Co., Inc., Plaintiff, v. Mechanical Installations, Inc., et al., Defendants.

Supreme Court, Special Term, Albany County.

July 11, 1958.


Attorney(s) appearing for the Case

George Myers for Mechanical Installations, Inc., and another, defendants.

Thomas F. Burke for plaintiff.


KENNETH S. MacAFFER, J.

This is a motion by the defendants, Mechanical Installations, Inc. and National Surety Corporation for an order dismissing the second cause of action set forth in the complaint on the ground that the allegations contained in such second cause of action fail to state facts sufficient to constitute a cause of action.

The first cause of action alleged in the complaint seeks to foreclose a mechanic's lien filed by the plaintiff...

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