GARDEN CITY PLATING & MFG. CO. v. ROSS-SIGMOND, INC.


279 A.D. 714 (1951)

Garden City Plating & Manufacturing Co., on Behalf of Itself and All Other Persons Entitled to Share in Funds Received or To Be Received by Ross-Sigmond, Inc., Contractor, from Gimbel Brothers, Inc., Respondent, v. Ross-Sigmond, Inc., Appellant, et al., Defendants

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

December 4, 1951.


Per Curiam.

It is alleged and not denied that all others concerned in the alteration in question have been fully paid and their claims satisfied; Special Term stated that this was "conceded".

Plaintiff is not entitled to the relief sought under section 72 of the Lien Law. Plaintiff's proceedings and this motion appear to be maneuvers to avoid trying on the merits the issues raised in the action brought by defendant in Kings County before plaintiff instituted...

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