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WILSON v. STATE

2 A.D.2d 630 (1956)

John L. Wilson, Respondent, v. State of New York et al., Respondents, and Irving L. Heath, Appellant

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

May 10, 1956

Plaintiff Wilson on February 2, 1951, filed a notice of lien in the office of the State Comptroller against the amount due from the State to defendant Heath on a contract for a public improvement. On April 28 the contractor served on the lienor a notice to commence an action to foreclose the lien by May 30, or in the event of his "failure to commence such action" that he "appear at a Special Term" of the court on June 1 at Binghamton and "show cause why an order should not...

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