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MORSE, INC. v. RENTAR IND.

56 A.D.2d 30 (1977)

Carl A. Morse, Inc., Respondent, v. Rentar Industrial Development Corp. et al., Appellants, et al., Defendants

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

January 24, 1977

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (Edward L. Sadowsky, Richard Kaye and Mona D. Shapiro of counsel), for appellants.

McGarrahan & Heard (Robert P. Walton, John G. McGarrahan, C. Stephen Heard, Jr., and Mitchell A. Gilbert of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald of counsel), in his statutory capacity under section 71 of the Executive Law.

COHALAN and RABIN, JJ., concur with GULOTTA, P. J.; SHAPIRO, J., dissents and votes to reverse the order and grant the motion for partial summary judgment, with an opinion, in which O'CONNOR, J., concurs.

GULOTTA, P. J.

In an action to foreclose certain mechanics' liens, and for other related relief, the appeal is from an order of the Supreme Court, Queens County, which denied appellants' motion for partial summary judgment dismissing the first cause of action. We affirm.

Under date of May 15, 1972, the plaintiff and defendant Rentar Industrial Development Corporation (Rentar) entered into a written contract for the construction of a warehouse...

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