RAPPL v. SMITH


279 A.D. 1140 (1952)

George Rappl et al., Doing Business as Rappl & Hoenig Co., Respondents, v. John D. Smith et al., Appellants, et al., Defendants

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

May 16, 1952.


Judgment reversed on the law and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

The record discloses no basis for the finding that the sum of $3,200 was due from appellants to the general contractor at the time plaintiffs filed their lien for materials furnished said contractor. Whether such sum or any sum to which plaintiffs' lien could attach had become payable under the contract between the appellants and the general contractor...

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