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MTR. ATL. CEMENT v. ST. LAWRENCE CEMENT

22 A.D.2d 228 (1964)

In the Matter of Atlantic Cement Company, Inc., Appellant, v. St. Lawrence Cement Co., Respondent

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

December 17, 1964.

Attorney(s) appearing for the Case

Fine Posner & Tofel (Robert L. Tofel and Burton M. Fine of counsel), for appellant.

Simpson Thacher & Bartlett (Roy L. Reardon of counsel), for respondent.

HERLIHY, REYNOLDS, AULISI and HAMM, JJ., concur.

GIBSON, P. J.

Petitioner appeals from three orders which denied, initially and upon reargument, its application for an order summarily discharging a notice of lien (Lien Law, § 19, subd. [6]) on the ground that it appears from the face of the notice that by reason of the character of the labor furnished, no valid lien exists.

The lienor contracted to furnish engineering services in connection with...

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