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MacARTHUR CONCRETE PILE CORP. v. KEW QUEENS CORP.

276 A.D. 1015 (1950)

MacArthur Concrete Pile Corporation, Plaintiff, v. Kew Queens Corp., Appellant, et al., Defendants, and Eljay Contracting Corporation, Respondent

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

March 6, 1950.

Order modified on the law by striking from the second ordering paragraph items 8, 9 and 10, and the last three ordering paragraphs, and substituting therefor: "Ordered that the cross motion of the defendant Kew Queens Corp. to dismiss the counterclaim and cross claim of Eljay Contracting Corporation to foreclose a mechanic's lien be and the same is hereby granted, and it is further Ordered that the cross motion of the defendant Kew Queens Corp. to examine the defendant Eljay...

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