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W. L. DEV. v. TRIFORT RLTY

58 A.D.2d 377 (1977)

W. L. Development Corp., Respondent, v. Trifort Realty, Inc. et al., Defendants, and Ace Hardwood Flooring Co. Inc., Appellant

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

July 18, 1977

Attorney(s) appearing for the Case

Gerald Zisholtz for appellant.

Abrams & Herman (Norman Abrams of counsel), for respondent.

LATHAM and O'CONNOR, JJ., concur with SHAPIRO, J.; MARTUSCELLO, J. P., dissents and votes to affirm the judgment, with an opinion.

SHAPIRO, J.

In an action to foreclose a mortgage on certain lots located in Kings Park, Smithtown, New York, one of the defendants, the Ace Hardwood Flooring Co., Inc. (Ace), the holder of a mechanic's lien, appeals from a judgment of foreclosure and sale of the Supreme Court, Suffolk County, entered October 27, 1976, after a nonjury trial.

THE ISSUE

The issue on which this appeal turns is whether a supplier of materials and labor (the...

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