JOE SMITH, INC., v. OTIS-CHARLES CORP.


279 A.D. 1 (1951)

Joe Smith, Inc., Respondent, v. Otis-Charles Corp., Appellant, et al., Defendants

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

September 26, 1951.


Attorney(s) appearing for the Case

Benjamin E. Shove for appellant.

Gordon H. Mahley for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.


WHEELER, J.

The action, tried before an official referee, was brought under article 3 of the Lien Law for the foreclosure of a mechanic's lien filed by the plaintiff-respondent, Joe Smith, Inc., against certain property situate in the city of Syracuse owned by the defendant-appellant, Otis-Charles Corp. The action was either dismissed or discontinued as to all the other defendants excepting the appellant.

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