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HICKEY CO. v. IMPERIAL REALTY CO.

65 Misc.2d 1088 (1970)

M. F. Hickey Company, Inc., Plaintiff, v. Imperial Realty Co., Inc., et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

November 9, 1970

Attorney(s) appearing for the Case

Leavitt & Leavitt (Richard E. Leavitt of counsel), for plaintiff. Skadden, Arps, Slate, Meagher & Flom (Laurence Shiff of counsel), for Coleman Capital Corp., defendant. I. Louis Winokur for 43rd Street Estates Corp., also known as 43rd Street Estates, Inc., defendant.

LEONARD H. SANDLER, J.

This action to foreclose mechanic's liens presents for the court's consideration some unusually interesting questions under the mechanic's lien sections of the Lien Law. A preliminary statement of the background facts will facilitate an orderly analysis of the issues.

On or about March 3, 1964, 43rd Street Estates, Inc. (43rd Street) leased from a predecessor of Imperial Realty...

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