ELLIOTT v. DE FELICE & SON


208 Misc. 917 (1955)

Donald L. Elliott, Individually and Doing Business under the Name of Don Elliott's Fuel Service, Plaintiff, v. L. G. De Felice & Son, Incorporated, et al., Defendants.

Supreme Court, Special Term, Onondaga County.

September 9, 1955.


Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (John F. Hmiel of counsel), for the People of the State of New York, defendant.

Howard B. Helf for plaintiff.


GORMAN, J.

The present motion made by the State of New York to dismiss the complaint is bottomed upon the assertion that this court has no jurisdiction since the State has not consented to be sued here.

The action is to foreclose a mechanic's lien for materials furnished to a subcontractor in the building of the New York State Thruway. There is no serious factual dispute. It appears that the lien was...

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