COGEN PROPS. LTD. v. GRIFFIN


42 A.D.2d 915 (1973)

Cogen Properties Ltd., Respondent, v. Edward T. Griffin, Jr., et al., Appellants

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

September 13, 1973


The plaintiff commenced an action to foreclose a mechanic's lien or alternatively for damages for breach of contract relating to the construction of a house on certain land owned by the defendants (husband and wife) in Sullivan County. The record demonstrates that the defendants are infants and that no guardian ad litem has been appointed and no appearance by a person specified in CPLR 1201 has been made. The defendants correctly contend upon this appeal that the affirmation...

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