HERBERT G. MARTIN, INC., v. ALPERSTEIN


277 A.D. 990 (1950)

Herbert G. Martin, Inc., Respondent, v. Arthur Alperstein et al., Appellants; Thomas W. Mullins et al., Respondents, et al., Defendants

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

October 9, 1950.


Order modified by striking out the denial of the motion of defendants Alperstein to dismiss, for insufficiency, the complaint and the cross claims of the foregoing codefendants as against them, and by providing in lieu thereof that the motion be granted. As so modified the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to defendants-appellants.

It was incumbent upon the lienors, in order to recover against the owners, to allege performance...

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