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McCOY v. BAILEY

24 Misc.2d 875 (1960)

Henry McCoy, Plaintiff, v. John Bailey et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 23, 1960.

Attorney(s) appearing for the Case

Levitus A. De Loney for plaintiff. Roth & Margolis for Freeport Lumber Co., Inc., and another, defendants. Morris Permut for Calvin Tann and another, defendants. Owen B. McBride, as referee.

WILLIAM R. BRENNAN, JR., J.

This motion to set aside a Referee's sale under judgment of foreclosure of mechanics' liens is the end result, not of a comedy of errors but a tragedy of omissions.

The trial took place on December 6, 1958 and a decision was rendered by Mr. Justice RITCHIE on the same day granting judgment to the plaintiff establishing his lien in the sum of $1,740 plus interest, granting judgment to the defendant Freeport Lumber establishing...

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