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TABOLT v. KMZ ENTERS., INC.

52 A.D.2d 995 (1976)

Roger C. Tabolt et al., Doing Business as Mohawk Boiler Service, Respondents, v. KMZ Enterprises, Inc., Doing Business as Colgate Inn, et al., Defendants, and Hamilton Associates, Inc., et al., Appellants

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

May 20, 1976

Plaintiffs, partners conducting a boiler repair business, brought the underlying action to enforce a trust pursuant to article 3-A of the Lien Law. In the instant motion the plaintiffs moved, pursuant to CPLR 1003, to direct the joinder of appellant, the president of appellant Hamilton Associates, Inc., individually as a defendant. The principal objection advanced to joinder is that the one-year Statute of Limitations contained in subdivision 2 of section 77 of the Lien Law...

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