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  5. 26 A.D.2d 64 (1966)
 

HALL v. BLUMBERG

26 A.D.2d 64 (1966)

Gregory M. Hall et al., Copartners Doing Business under the Name of Bruce L. Hall and Sons, Respondents, v. Edgar A. Blumberg, as Trustee in Bankruptcy of Simco, Inc., a Bankrupt, et al., Respondents; Franklin Knapp et al., Appellants

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

June 3, 1966.

Attorney(s) appearing for the Case

Ferris, Kehoe, Tenney & Murnane (Don P. Murnane of counsel), for appellants.

Van Horne & Feury (Theodore P. Feury of counsel), for Gregory M. Hall and another, respondents.

Joseph P. Leary for St. Mary's Church of Cooperstown and another, respondents.

Arthur J. Harvey for Edgar A. Blumberg, as trustee, respondent.

Jack Goodman for Adam Ross Cut Stone Co., Inc., respondent.

Wood, Morris, Sanford & Hatt for Bryant Lumber Corp., respondent.

Ferris, Hughes, Dorrance & Groben for American Hard Wall Plaster Company, respondent.

James J. Drislane for Casazza Steel Buildings, Inc., respondent.

Wager, Taylor, Howd & Brearton for West Side Structural Company, Inc., respondent.

Morton M. Z. Lynn for Valley Metal Products Company, respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.

Per Curiam.

This is an appeal from a judgment of the Supreme Court at Special Term, Otsego County, which dismissed defendants-appellants' counterclaims and cross claims in this action to foreclose a mechanic's lien.

Upon an agreed statement by all parties, two questions are to be determined:

1. Does the $8,092.21, representing the balance due Simco, Inc., from the church after it had completed the contract...

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