ATL. TUG & EQUIP. CO., INC. v. S & L PAVING CORP.


40 A.D.2d 589 (1972)

Atlantic Tug & Equipment Company, Inc., Appellant, v. S & L Paving Corp. et al., Respondents

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

July 6, 1972


Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.

Memorandum;

Plaintiff appeals from the portion of a judgment which dismissed on the merits its action to foreclose a lien for the unpaid amount of the agreed rental of an earthboring machine. Plaintiff leased the machine to defendant S & L Paving Corporation for a period of the three months at a rental of $1,500 per month...

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