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GALLO BROTHERS CONSTRUCTION, INC. v. PECCOLO

281 A.D.2d 811 (2001)

722 N.Y.S.2d 123

GALLO BROTHERS CONSTRUCTION, INC., Appellant-Respondent, v. MARY PECCOLO, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided March 15, 2001.

Rose, J.

In 1990, plaintiff delivered 120,000 cubic yards of fill to defendant Mary Peccolo's land allegedly pursuant to an oral contract between plaintiff and Paul Erickson, president of defendant Newgate Corporation. Plaintiff was not paid and so it filed a mechanic's lien in 1991, extended the lien in 1992 and commenced this action to foreclose the lien in March 1993. Plaintiff filed a notice of pendency on April 1,...

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