DOBERT CONSTR. CORP. v. DAN HOLSER EXCAVATING, INC.


36 A.D.2d 1002 (1971)

Dobert Construction Corp., Respondent, v. Dan Holser Excavating, Inc., Appellant, et al., Defendant

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

May 18, 1971


Appellant, successful bidder to construct a dam for the State, entered into negotiations with respondent concerning the subcontracting of certain concrete work required by the general contract. Respondent allegedly completed the work specified and on January 31, 1968 filed a notice of lien on the moneys due appellant on the general contract. In the proceedings to foreclose the lien, while the parties agreed that respondent was to be compensated on the basis of a per hour...

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