MATTER OF STEWART M. MULLER CONSTR. CO. INC. v. ALVORD & SWIFT


50 A.D.2d 572 (1975)

In the Matter of Stewart M. Muller Construction Company, Inc., Appellant, v. Alvord & Swift, Respondent

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

November 10, 1975


Order affirmed, with $20 costs and disbursements.

A subcontractor, upon request made to the general contractor, is entitled to receive a verified statement pursuant to the provisions of section 76 of the Lien Law, which statement should contain reference not only to moneys allegedly owed on the contract, but also to claims based on damages due to delay and based on extra work performed on order (although not confirmed by change orders). (See Lien Law, § 70, subd...

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