MTR. OF PERRIN v. STEMPINSKI REALTY


15 A.D.2d 91 (1961)

In the Matter of Clement Perrin et al., Doing Business as Perrin & Darby, Respondents, v. Stempinski Realty Corp. et al., Appellants

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

December 19, 1961.


Attorney(s) appearing for the Case

Sidney S. Bobbe of counsel (Budner & Budner, attorneys), for appellants.

Leon Brown of counsel (Leo E. Ypsilanti, attorney), for respondents.

RABIN, J. P., McNALLY, EAGER and STEUER, JJ., concur in Per Curiam opinion; STEVENS, J., dissents and votes to affirm.


Per Curiam.

Upon the filing of the original mechanic's lien the individual appellants demanded arbitration. The demand raised the questions of whether the final installment under the contract was payable and whether the extras there claimed were compensable. When Special Term granted the application of petitioners to amend their lien, appellants withdrew their demand for arbitration. Petitioners then applied to the...

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