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MARSHALL CONSTR. CO. v. BROOKDALE HOSP.

68 Misc.2d 20 (1971)

In the Matter of Marshall Construction Co., Inc., Petitioner, v. Brookdale Hospital Center, Respondent.

Supreme Court, Special Term, Kings County.

September 15, 1971

Attorney(s) appearing for the Case

Goetz & Fitzpatrick (Patrick J. Guarino of counsel), for petitioner. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky (Max Greenberg of counsel), for respondent.

SIMON J. LIEBOWITZ, J.

Petitioner lienor moves for an order to amend its notice of mechanic's lien nunc pro tunc, pursuant to section 12-a of the Lien Law so as to correct the name of the owner and description of the property set forth therein. The Brookdale Hospital Center (hereinafter "Respondent"), the owner of the premises, cross-moves to vacate, cancel and discharge the lien in that it is fatally defective.

On July 15, 1971, within...

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