MTR. OF NACLERIO CONTR. v. RIALTO REALTY


28 Misc.2d 957 (1961)

In the Matter of Naclerio Contracting Co., Inc., Petitioner, v. Rialto Realty Corporation, Respondent.

Supreme Court, Special Term, Bronx County.

May 11, 1961


Attorney(s) appearing for the Case

Isaac Anolic for petitioner. Sheldon M. Goodman for respondent. Ralph Goldstein for Pauline Lewis and another, mortgagees.


JACOB MARKOWITZ, J.

Motions numbered 2 and 65 are consolidated herewith. Both motions by a lienor seek, pursuant to section 12-a of the Lien Law to amend nunc pro tunc a mechanic's lien filed on November 10, 1960. An action has been commenced to foreclose the mechanic's lien. The motions were triggered by the answer alleging the defectiveness of the lien by reason of the insufficiency thereof.

Under item 4 of the lien filed, "excavation...

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