MATTER OF COSTELLO v. GEFFEN


36 Misc.2d 895 (1962)

In the Matter of Milton Costello, Petitioner, v. Fred Geffen, Respondent.

Supreme Court, Special Term, Nassau County.

October 22, 1962


Attorney(s) appearing for the Case

Joseph D. Stim for petitioner. George M. Gunderson for respondent.


BERNARD S. MEYER, J.

This motion to require that a statement be furnished under section 76 of the Lien Law is granted. The objection that the motion was not timely is not well taken since subdivision 5 of section 76 requires only three days' notice of motion. The objection to venue is likewise nonavailing since under subdivision 5 the application may be made to any court having jurisdiction of an action to enforce a trust and section 1308 of the Civil...

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