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DITTMAR EXPLOSIVES v. OTTAVIANO, INC.

20 N.Y.2d 498 (1967)

Dittmar Explosives, Inc., Appellant, v. A. E. Ottaviano, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 2, 1967.

Attorney(s) appearing for the Case

Andrew Russell Willing and Edward B. Willing for appellant.

Norman Roth and John B. Gilleran for respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

BREITEL, J.

Plaintiff Dittmar Explosives, an unpaid materialman, appeals from dismissal, after a nonjury trial, of its action to foreclose a mechanic's lien against the general contractor and its surety. The Appellate Division affirmed the dismissal by a divided court. (Plaintiff was awarded judgment for $9,218.23 against its insolvent vendee, a subcontractor.) The ground for dismissal was that the lien had lapsed...

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