MATTER OF GENTILE'S, INC. v. TERESI


10 A.D.2d 765 (1960)

In the Matter of Gentile's, Inc., Appellant, v. Nicholas P. Teresi et al., Respondents

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

March 18, 1960


This is called by the parties a proceeding to enforce a mechanic's lien; but by statute it is an action (Lien Law, § 41). The plaintiff shows without any dispute and, indeed, it is conceded, that the plaintiff corporation performed labor and installed material in defendants' home in the sum of $1,519.63 and that it has not been paid. In a direct action against defendants on contract, judgment entered by the court for defendants...

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