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GRANDVIEW CONSTR. CORP. v. LEPORE

4 Misc.2d 818 (1956)

Grandview Construction Corporation, Plaintiff, v. Mariano Lepore, Doing Business as Albany Cement Finishing Company, et al., Defendants. (Action No. 1, in Supreme Court, Westchester County.) Mariano Lepore, Doing Business as Albany Cement Finishing Company, Plaintiff, v. Grandview Construction Corporation, Defendant. (Action No. 2, in Supreme Court, Rensselaer County.)

Supreme Court, Westchester County.

December 6, 1956.

Attorney(s) appearing for the Case

W. Edward Cribari for Grandview Construction Corporation, defendant.

James H. Doran for Mariano Lepore, doing business as Albany Cement Finishing Company, plaintiff.

ROBERT DOSCHER, J.

Prior to the commencement of Action No. 2, now before this court, the plaintiff there brought an action against the defendant, and others, to foreclose a mechanic's lien. In due course, the matter was referred to an Official Referee to hear and determine. The mechanic's lien foreclosure came on for trial before said Official Referee and, during the trial, was discontinued on the merits upon...

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