E-J ELEC. v. MILLER & RAVED


51 A.D.2d 264 (1976)

E-J Electric Installation Co., Appellant, v. Miller & Raved, Inc., Respondent, et al., Defendants

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

March 9, 1976


Attorney(s) appearing for the Case

Franklin E. Tretter of counsel (McDonough, Schneider, Marcus, Cohn & Tretter, attorneys), for appellant.

Dennis M. Gonski of counsel (Zane & Zane, attorneys), for respondent.

STEVENS, P.J., BIRNS, LANE and YESAWICH, JJ., concur.


KUPFERMAN, J.

In this action to foreclose a mechanic's lien, the plaintiff appeals from a denial of its motion to dismiss several counterclaims. The defendant-respondent takes the position that the lien in the sum of some $39,000 alleged to be the amount unpaid for labor and material in an arrangement for electrical work for a total agreed price of over $300,000, is exaggerated in violation of section 39 of the...

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