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MTR. OF JOHNSON v. NEWBURGH NURSERY

45 Misc.2d 591 (1965)

In the Matter of Johnson, Drake & Piper, Inc., Petitioner, v. Newburgh Nursery, Inc., Respondent.

Supreme Court, Special Term, New York County.

February 25, 1965

Attorney(s) appearing for the Case

Nevius, Jarvis & Pilz (Eugene Schaffel of counsel), for petitioner. Scott & Hoyt for respondent.

LOUIS J. CAPOZZOLI, J.

Motion for an order vacating and discharging a notice of mechanic's lien, dated November 12, 1964, filed by Newburgh Nursery, Inc., is granted.

It is clear that the work which forms the basis for the claimed lien by the lienor subcontractor was performed upon a public improvement for the State of New York. Accordingly, under section 12 of the Lien Law, the lien must be filed ...

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