BRICKMASONS, INC. v. BERMARK CONSTR. CORP.


53 Misc.2d 158 (1967)

Brickmasons, Inc., Plaintiff, v. Bermark Construction Corp., Defendant.

District Court of Nassau County, Fourth District.

March 16, 1967


Attorney(s) appearing for the Case

Fieldman & Fieldman for plaintiff. Albert M. Goldberg for defendant.


JOHN S. LOCKMAN, J.

The motion for summary judgment to amend nunc pro tunc notice of mechanic's lien, and cross motion for summary judgment, all denied. Defendant's motion to amend answer granted. Triable issues of fact in the pleadings and affidavits necessitate a trial. This court lacks jurisdiction to amend a notice of mechanic's lien; such a motion must be made in a court with the power to foreclose the same since rights of parties not necessarily...

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