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BENNETT BROS. v. BRACEWOOD REALTY NO. 1, INC.

23 A.D.2d 498 (1965)

Bennett Bros., Respondent, v. Bracewood Realty No. 1, Inc., Appellant, et al., Defendant

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

January 18, 1965

Order, insofar as appealed from, reversed, without costs; plaintiff's motion to amend the notice of lien nunc pro tunc, denied with leave to plaintiff, if so advised, within 30 days after entry of the order hereon, to renew said motion on notice to all interested persons, as provided by statute (Lien Law, § 12-a); and defendant Bracewood's motion to dismiss the first cause of action, denied without prejudice to renewal.

While we would have affirmed the...

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