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CAMERON EQUIP. CORP. v. PEOPLE

55 Misc.2d 645 (1968)

Cameron Equipment Corporation et al., Plaintiffs, v. The People of the State of New York et al., Defendants.

Supreme Court, Erie County.

January 10, 1968

Attorney(s) appearing for the Case

McClung, Peters & Simon (Vaughan, Brown, Kelly, Turner & Symons and Frederick D. Turner of counsel), for A. E. Ottaviano, Inc., and another, defendants. Moot, Sprague, Marcy, Landy & Fernbach (Richard F. Griffin of counsel), for A & J Buyers, Inc., defendant. Vaughan, Brown, Kelly, Turner & Symons (Frederick D. Turner of counsel), for St. Paul Fire & Marine Insurance Co., defendant.

MICHAEL CATALANO, J.

Defendant, A & J Buyers, Inc. (Buyers) alleges in its answer a "first affirmative claim" against, inter alia, defendants, A. E. Ottaviano, Inc., (Ottaviano) and Hartford Accident & Indemnity Company (Hartford), seeking a judgment that it acquired a valid lien for $2,531.43, with interest from November 15, 1962 against them, and foreclosing that lien.

December 15, 1960, Ottaviano entered into a contract with...

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