GILLIGAN CONSTR. v. 104 MAC REALTY


34 Misc.2d 1070 (1962)

Gilligan Construction Corp., Plaintiff, v. 104 Mac Realty, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 16, 1962


Attorney(s) appearing for the Case

Charles M. Leib for plaintiff. Arthur D. Emil and Lawrence A. Kobrin for Hodes-Daniel Co., Inc., and others, defendants.


MATTHEW M. LEVY, J.

The action is brought to enforce a mechanic's lien. This is a motion by all of the defendants except the 104 Mac Realty, Inc. to dismiss the complaint for legal insufficiency on its face (Rules Civ. Prac., rule 106, subd. 4).

It is crystal clear that no cause of action has been asserted against the individual defendant. This is now recognized by the plaintiff, who in its brief consents...

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