AM. CEMENT v. DUNETZ BROS.


47 Misc.2d 747 (1965)

American Cement Corporation, Plaintiff, v. Dunetz Bros., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

September 20, 1965


Attorney(s) appearing for the Case

Max Ornstein for plaintiff. Seymour B. Schain for defendants.


WILLIAM R. HART, J.

In this action to enforce two mechanics' liens which have been discharged of record by filing of bonds, the defendant, Ætna, surety on said bonds, moves to dismiss the complaint pursuant to CPLR 3211 (subd. [a]) on the grounds that (1) plaintiff is an unlicensed foreign corporation and had divested itself of any interest in the liens prior to suit, (2) the court has no jurisdiction of...

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