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MATTER OF PERRIN v. STEMPINSKI REALTY

15 A.D.2d 48 (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. Bobbé of counsel (Budner & Budner, attorneys), for appellants.

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

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

Per Curiam.

Respondents completed work on a contract to renovate appellants' building located at 315 West 75th Street in January, 1961. On March 14, 1961, they filed a mechanic's lien on the building for $11,336.94, of which $8,500 represented a balance claimed to be due on the contract and the additional sum was for extras. In July, 1961, respondents applied to the court to amend their notice to increase the amount...

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