GOTHAM SAND v. NUNS OF ST. DOMINIC


33 Misc.2d 951 (1962)

Gotham Sand & Stone Corp., Plaintiff, v. Nuns of the Order of St. Dominic, et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 10, 1962


Attorney(s) appearing for the Case

Bennett, Kaye & Pius for plaintiff. Theodore W. Barber for Roslyn Asphalt & Material Corp., defendant. William V. Kuhn for Viet & Co., Inc., defendant. Joseph Hoey, United States Attorney, for United States of America, defendant.


MARIO PITTONI, J.

This motion for summary judgment, in an action to foreclose mechanics' liens, presents the question of priority between competing claimants to funds, arising from a building improvement, in the hands of a general contractor.

The facts in this case are not disputed. On or prior to April, 1958 the defendant, Viet & Co., Inc., undertook to act as general contractor for the owners of...

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