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WARRINER SMITH v. CONSTR CO

89 Misc.2d 138 (1976)

Warriner Smith Util., Inc., Plaintiff, v. Barney Construction Co., Inc. et al., Defendants.

Supreme Court, Special Term, Orange County.

December 13, 1976

Attorney(s) appearing for the Case

Donald Tirschwell for plaintiff. Schwall & Carroll (Isabel L. Becker of counsel), for Equitable Life Assurance Society of the United States, defendant.

MORTON B. SILBERMAN, J.

These are motions and cross motions for summary judgment (CPLR 3212) in an action to foreclose a mechanic's lien.

The Equitable Life Assurance Society of The United States (hereinafter "Equitable") had previously commenced an action to foreclose certain building loan mortgages affecting real property owned by Barney Construction Co., Inc. (hereinafter "Barney"). Warriner Smith...

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