BRIGUGLIO & GADDY v. STEVENSON


27 Misc.2d 935 (1961)

Briguglio & Gaddy, Inc., Plaintiff, v. Lewis M. Stevenson, Defendant and Third-Party Plaintiff. Jacob Berman, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

February 16, 1961


Attorney(s) appearing for the Case

Ira J. Lefton for third-party defendant. Ben M. Halpern for plaintiff. Rathgeber, Roman & Murphy for defendant and third-party plaintiff.


JAMES J. CRISONA, J.

The third-party defendant moves to dismiss the third-party complaint for legal insufficiency and for such other and further relief as to the court may seem just and proper.

The plaintiff is the general contractor of an improvement for the defendant owner, pursuant to a written agreement. It has brought this action against the owner to foreclose a mechanic's lien for a balance due...

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