MATTER OF BERLANTI CONSTR. CO. (PENN MACH. CO.)


198 Misc. 543 (1950)

In the Matter of Berlanti Construction Co., Inc., Petitioner. H. O. Penn Machinery Co., Inc., Respondent.

Supreme Court, Special Term, Westchester County.

July 28, 1950.


Attorney(s) appearing for the Case

Clark, Gagliardi & King for petitioner.

George Helprin for respondent.


COYNE, J.

Application pursuant to subdivision 7 of section 21 of the Lien Law for the summary discharge of a lien for public improvements. The lien was filed for articles furnished to a subcontractor consisting of machinery parts alleged to have been installed and used in caterpillars and other equipment operated by the subcontractor at the site of the construction.

The question for determination is whether...

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