GULCZYNSKI v. KIRST


21 A.D.2d 736 (1964)

Edward D. Gulczynski, Respondent, v. Harry P. Kirst, Appellant, et al., Defendants

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

May 14, 1964


Order unanimously reversed, without costs of this appeal to any party, and motion granted, without costs.

Memorandum:

It now appears that the liens were vacated for failure to file notices of pendency. It also appears that the plaintiff may have a cause of action in contract that is not alleged in the complaint. However, the liens were vacated after these motions were submitted to Special Term and therefore the Special Term Justice had no opportunity to consider...

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