MURTHA v. MURPHY


12 Misc.2d 199 (1958)

John H. Murtha et al., Copartnership Doing Business under the Name of Ronkonkoma Lumber Company, Plaintiffs, v. Margaret D. Murphy, Defendant.

Supreme Court, Special Term, Suffolk County.

March 24, 1958.


Attorney(s) appearing for the Case

Joseph Fennelly, Jr., for defendant.

William P. Shea for plaintiffs.


MARIO PITTONI, J.

Motion (1) to dismiss the complaint for failing to state facts sufficient to constitute a cause of action and (2) to vacate a notice of lien filed on July 9, 1956.

The action is to foreclose a mechanic's lien. The complaint alleges that from May, 1956 to June 26, 1956 the plaintiffs, pursuant to an agreement with one Fred Brendel, furnished certain materials for the erection of a building on the defendant's property. Fred Brendel...

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