JES-KAY CONSTR v. CLIN HOUSES


85 Misc.2d 721 (1976)

Jespersen-Kay Modular Construction Limited, Plaintiff, v. Clinton Avenue Paul Place Houses, Inc., et al., Defendants.

Supreme Court, Monroe County.

March 11, 1976


Attorney(s) appearing for the Case

McGrath, Meyer, Lieberman & Lipp (Howard L. Meyer of counsel), for Beacon Construction Company, Inc., defendant. Stroock & Stroock & Lavan (Sybil H. Pollet of counsel), for plaintiff.


EMMETT J. SCHNEPP, J.

On February 5, 1973 plaintiff, a wholly owned subsidiary of National Kinney Corp., entered into a written contract with Beacon Construction, the general contractor, to supply materials and perform work in connection with the construction of a housing project. Contrary to plaintiff's express written waiver, a mechanic's lien notice was filed and the within lien foreclosure action instituted...

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