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HALL v. EK & SON CONSTR.

17 A.D.2d 558 (1963)

Jerry R. Hall, Doing Business as Lakewood Supply Co., Respondent, v. Carl G. Ek & Son Construction Co., Inc., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 17, 1963.

Attorney(s) appearing for the Case

Vedder & Crowley (James F. Crowley of counsel), for appellants.

Gerace & Lodestro (Frances V. Dow of counsel), for respondent.

GOLDMAN, McCLUSKY and HENRY, JJ., concur with WILLIAMS, P. J.; HALPERN, J., dissents and votes to affirm in opinion.

WILLIAMS, P. J.

The question presented is whether an assignee of the claim of a person who has furnished labor and materials in the construction of a public improvement has the right to file a notice of lien under section 5 of the Lien Law. For purposes of clarity, we note at this point that the assignment was of a claim for labor and materials furnished, as distinguished from an assignment of a lien...

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