A. TOFFOLO, INC. v. SCHWARTZ


21 Misc.2d 253 (1959)

A. Toffolo, Inc., Respondent, v. Frank Schwartz et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, First Department.

November 12, 1959.


Attorney(s) appearing for the Case

Leonard M. Henkin for appellant.

Benjamin J. Pomerance for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The lien expired and was lost by the plaintiff's failure to comply with section 17 of the Lien Law. Further, as no personal liability was alleged nor evidentiary showing made of a contractual relation between the plaintiff and the moving defendants, no issue of fact remained to be tried.

The order should be reversed, with $10 costs, and motion granted.

Order...

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