NORTHERN TREE SERV., INC. v. DONOVAN TREE SERV., INC.


36 A.D.2d 22 (1971)

Northern Tree Service, Inc., Appellant, v. Donovan Tree Service, Inc., Respondent

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

February 25, 1971.


Attorney(s) appearing for the Case

James H. Doran for appellant.

Tate & Tate (Rex S. Ruthman of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and COOKE, JJ., concur.


REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Albany County, entered upon a decision at Trial Term which dismissed appellant's complaint to foreclose a lien and granted judgment to respondent Donovan Tree Service, Inc. on its counterclaim for willful exaggeration of the lien pursuant to sections 39 and 39-a of the Lien Law.

The instant litigation arose out of an oral contract between appellant and respondent, Donovan Tree...

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