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ROTODYNE v. CON. ED. CO.

85 Misc.2d 347 (1975)

Rotodyne, Inc., Plaintiff, v. Consolidated Edison Company of N.Y., Inc., et al., Defendants.

Supreme Court, Westchester County.

December 18, 1975

Attorney(s) appearing for the Case

Williams & O'Neill for Consolidated Edison Company of N. Y., Inc., defendant. Eagle & Fein for T. D. McCormick Contracting Co., Inc., defendant. Otterbourg, Steindler, Houston & Rosen, P. C., for Wedco Corp., defendant. Friedmann, Fischman & Chikofky for plaintiff.

ANTHONY J. CERRATO, J.

Defendants, Wedco Corporation, Consolidated Edison Company of New York and T. D. McCormack Contracting Co., Inc., move for partial summary judgment dismissing the first cause of action to foreclose plaintiff's mechanic's lien, and for an order vacating said mechanic's lien, on the ground that plaintiff expressly waived its right to file a mechanic's lien in the construction contract allegedly...

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