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MATTER OF CLEMENS (ZAPPALA & CO.)

200 Misc. 772 (1951)

In the Matter of John Clemens et al., Petitioners. V. Zappala & Co., Inc., Respondent.

Supreme Court, Special Term, Rensselaer County.

May 7, 1951.

Attorney(s) appearing for the Case

Ellis J. Staley, Jr., for petitioners.

Paul F. Donohue for respondent.

John J. Conway for Industrial Bank of Commerce of Albany.

HAMM, J.

The lienor filed a mechanic's lien against lots 15, 16 and 17 on January 23, 1951. The materials furnished were used exclusively for improvements on lot 12. Lot 12 and lots 15, 16 and 17 are all owned by the same owners denominated in the notice of lien. Lot 12 was acquired by a deed separate from the deed to lots 15, 16 and 17 and the grantor of lot 12 was not the grantor of lots 15, 16 and 17. Lot...

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