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CONFORTI, EISELE v. SALZSTEIN, CO.

56 A.D.2d 292 (1977)

Conforti & Eisele, Inc., Respondent, v. R. Salzstein & Co., Inc., Appellant

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

March 10, 1977

Attorney(s) appearing for the Case

Alan Levy of counsel (Eli Saul Cohn with him on the brief; McDonough Schneider Marcus Cohn & Tretter, attorneys), for appellant.

Howard L. Kuttner for respondent.

LUPIANO, CAPOZZOLI, LANE and MARKEWICH, JJ., concur.

MURPHY, J. P.

Conforti & Eisele, Inc. (hereinafter "Conforti") brought this proceeding pursuant to sections 75 and 76 of the Lien Law for an order vacating the demand for a verified statement served by R. Salzstein & Co., Inc. (hereinafter "Salzstein"). Salzstein cross-moved to dismiss Conforti's petition on the ground it did not state a cause of action.

Conforti, the general contractor, and...

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