MATTER OF TEITLER v. McDERMOTT & McDONALD


282 A.D. 953 (1953)

In the Matter of Alexander Teitler, Respondent, v. McDermott & McDonald, Appellant

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

November 16, 1953.


Order reversed on the law, with $10 costs and disbursements, motion denied, without costs, and petition dismissed.

In our opinion, the defect in the verification form is subject to amendment on application by appellant under section 12-a of the Lien Law. The cases to the contrary cited in the majority opinion in Fries v. Bray (279 App. Div. 8) were decided prior to the enactment of section 12-a by chapter 627 of the Laws of 1932. The notice as filed complies...

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