KINGSTON TRUST v. STATE OF N. Y.


57 Misc.2d 55 (1968)

Kingston Trust Company, Plaintiff, v. State of New York et al., Defendants.

Supreme Court, Special Term, Ulster County.

May 8, 1968


Attorney(s) appearing for the Case

Jarvis & Pilz for Johnson, Drake & Piper, Inc., and another, defendants. George A. Beck for plaintiff.


HAROLD E. KOREMAN, J.

This is a motion brought by the defendants Johnson, Drake & Piper, Inc. (hereinafter called Johnson) and Continental Casualty Company for an order dismissing the complaint as to them for failure to state a cause of action (CPLR 3211, subd. [a], par. 7).

In the action plaintiff seeks a determination that it has a valid mechanic's lien on the interest of the defendant Johnson under a public improvement contract that said...

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