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MATTER OF POUGHKEEPSIE IRON & METAL CO. v. ERMCO ERECTORS

79 Misc.2d 142 (1974)

In the Matter of Poughkeepsie Iron & Metal Co., Inc., Petitioner, v. Ermco Erectors, Inc., Respondent.

Supreme Court, Dutchess County.

September 19, 1974

Attorney(s) appearing for the Case

Gellert & Gellert for petitioner. Jarvis, Pilz, Buckley & Treacy for respondent.

W. VINCENT GRADY, J.

The contractor petitioner, by order to show cause, seeks an order pursuant to subdivision 5 of section 76 of the Lien Law vacating the demand of Ermco Erectors, Inc., respondent lienor. The contractor contends that by perfecting a mechanics' lien, the lienor has elected to pursue this remedy and is therefore precluded under article 3-A of the Lien Law in serving a demand for a verified statement.

The movant cites Hall v...

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