GRANDVIEW CONSTR. CORP. v. LEPORE


4 A.D.2d 960 (1957)

Grandview Construction Corporation, Plaintiff, v. Mariano Lepore, Doing Business as Albany Cement Finishing Company, et al., Defendants. (Action No. 1.) Mariano Lepore, Doing Business as Albany Cement Finishing Company, Appellant, v. Grandview Construction Corporation, Respondent. (Action No. 2.)

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

November 18, 1957


Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The existing judgment between the parties was entered in an action brought by appellant against respondent to foreclose a mechanic's lien for labor performed and materials furnished under the same contract and for extra labor and materials, and appellant's complaint in that action demanded judgment for the foreclosure of his lien, and if he should fail to establish a...

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