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M.A.R.S. HOMES INCORPORATED v. CHIODO

277 A.D.2d 1056 (2000)

716 N.Y.S.2d 206

M.A.R.S. HOMES INCORPORATED, Respondent, v. FRANK A. CHIODO, Appellant, et al., Defendants.

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

Decided November 13, 2000.

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

In this action to foreclose on a mechanic's lien, Supreme Court erred in granting plaintiff's motion for summary judgment against Frank A. Chiodo (defendant) for the amount stated in the notice of lien. Plaintiff filed a mechanic's lien in the amount of $11,426 against defendant's property. The lien arose from the construction of a...

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