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NOCE v. KAUFMAN

2 N.Y.2d 347 (1957)

Joseph Noce et al., as Copartners, under the Firm Name of Noce Bros., Appellants, v. Ephraim J. Kaufman et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 28, 1957.

Attorney(s) appearing for the Case

Samuel C. Pilato for appellants.

William MacFarlane for Ephraim J. Kauffman (sued herein as Ephraim J. Kaufman), respondent.

Nathan H. Richman, in person, Joseph Feldman, Herbert M. Rosenberg and Irwin H. Rosenberg for Nathan H. Richman (sued herein as Nathan R. Richmond) and another, respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur.

VAN VOORHIS, J.

The first cause of action, which is the only one at issue upon this appeal, is to foreclose a mechanic's lien for labor and materials against the real estate owned by the respondent Ephraim J. Kaufman, known as the Mona Lisa Hotel, at the corner of University Avenue and Scio Street, in the city of Rochester. Plaintiffs allege that they were the general contractors under agreement with Kaufman....

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