FROST SAND & GRAVEL CORP. v. CRITERION DEVELOPERS, INC.


35 A.D.2d 797 (1970)

Frost Sand & Gravel Corp., Respondent-Appellant, v. Criterion Developers, Inc., Appellant-Respondent. Bassett Concrete Corporation, Respondent-Appellant

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

November 17, 1970


Plaintiff-respondent-appellant shall recover of defendant-appellant-respondent $50 costs and disbursements of this appeal.

The Bronx County Clerk is directed to make the appropriate entry in the lien docket restoring the lien in conformity herewith. The nature of the original contract between the parties raises a triable issue and cannot be determined on affidavits. The fact that the work was divided in two sections and there were two separate job numbers is not dispositive...

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