Appeal is from denial of defendant-appellant's motion for summary judgment dismissing the complaint on the ground that the Lien Law, basis of the action, is unconstitutional in that it permits taking of property without due process in the form of a prejudgment hearing. It is unnecessary to reach this question at this juncture. There is no clear and unequivocal showing of unconstitutionality, and there are other issues raised — exaggeration of the lien, payment, breach...
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