KEMPA v. MOELL


283 A.D. 681 (1954)

Adam M. Kempa, Respondent, v. Arthur G. Moell et al., Appellants

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

January 6, 1954.


Per Curiam.

In this action to foreclose a mechanic's lien the Referee found that "the trial, to put it mildly, was very confusing". We also have found a very unsatisfactory and confused record. We may assume that the notice of lien was before the Referee but it was not made a part of the complaint, nor was it an exhibit. Apparently, the appellants' point that the notice of lien did not comply with section 9 of the Lien Law was not raised at the time of the...

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