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FRONTIER EXCAVATING, INC. v. SOVEREIGN CONSTR. CO., LTD.

45 A.D.2d 926 (1974)

Frontier Excavating, Inc., Respondent, v. Sovereign Construction Co., Ltd., Appellant, et al., Defendant

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

July 5, 1974

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

This action was commenced by a summons dated December 14, 1964. Plaintiff alleges that the action is "brought pursuant to Article 3-A of the Lien Law" and is "in behalf of itself and in behalf of all other persons entitled to share". A partial trial on October 10 and 14, 1969 resulted in a "judgment" in which the court "finds at this time contingent...

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