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BEDFORD LAKE PARK CORP. v. TWELVE LINDEN CORP.

8 A.D.2d 962 (1959)

Bedford Lake Park Corp., Respondent, v. Twelve Linden Corporation et al., Defendants, and Woodlawn Lumber Co., Inc., Appellant

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

July 28, 1959

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

In our opinion, there is an issue of fact as to whether the materials were delivered by appellant "with the consent or at the request of" respondent (see Lien Law, § 3). And, if appellant establishes its contention that respondent induced delivery of the materials, respondent would be estopped from asserting that its mortgage is prior and superior to appellant's lien (Ash v. Honig,

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