MATTER OF JOHNSON, DRAKE & PIPER (GOODRICH CO.)


197 Misc. 595 (1949)

In the Matter of Johnson, Drake & Piper, Inc., Petitioner. B. F. Goodrich Company, Respondent.

Supreme Court, Special Term, New York County.

December 16, 1949.


Attorney(s) appearing for the Case

Robert B. Jarvis and Stanley J. Norton for petitioner.

Goldman & Frier for respondent.

McGowan & Stolz for B. F. Goodrich Company (Syracuse, New York branch).


BENVENGA, J.

This is an application for the summary discharge of a lien for public improvement (see Lien Law, § 21, subd. 7). The question presented is whether a person who furnishes tires which are attached to motor vehicles owned and used by a subcontractor in hauling material to and from a public improvement is a "materialman" within subdivision 12 of section 2 of the Lien Law, as amended by chapter 525 of the Laws of 1947.

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