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ONONDAGA WALL CORP. v. 150 CLINTON ST.

28 A.D.2d 71 (1967)

Onondaga Commercial Dry Wall Corp., Plaintiff, v. 150 Clinton Street, Inc., Respondent United States of America, Intervenor-Appellant, v. Adirondack Carpenters Welfare Fund et al., Respondents

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

June 29, 1967.

Attorney(s) appearing for the Case

James P. Shanahan, Assistant United States Attorney (Donald A. Statland of counsel), for appellant.

Richard F. Schwerzmann and Lewis G. Spicer, Jr. for 150 Clinton Street Inc., respondent.

Richard F. Schwerzmann for Adirondack Carpenters Welfare Fund and another, respondents.

HENRY, DEL VECCHIO and MARSH, JJ., concur; GOLDMAN, J., dissents and votes to affirm.

WILLIAMS, P. J.

The order appealed from denies the application of the United States of America, appellant herein, for an order restraining the prosecution of mechanics' lien foreclosure actions instituted in the Supreme Court under article 3 of the Lien Law. The liens asserted in the article 3 actions were against a conceded balance due to the contractor by the owner, upon a contract for the construction of certain...

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