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AGNELLO v. CHAIKA

1 Misc.2d 6 (1955)

Joseph C. Agnello et al., Plaintiffs, v. John J. Chaika et al., Defendants.

County Court, Niagara County.

November 22, 1955.

Attorney(s) appearing for the Case

McNulty, Gellman & Kellick for defendants.

Rice, Rice, Hustleby & Chace for plaintiffs.

KRONENBERG, J.

In this action to foreclose a mechanic's lien, defendants move to dismiss the complaint on the ground that the notice of lien is fatally defective.

The lienors, Joseph C. Agnello and Michale S. Agnello, do business under the assumed name and style of Niagara Building Co. The notice of lien contains, through inadvertence, the words "a domestic corporation" following the assumed name at the...

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