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BARGABOS CONSTR v. REALTY INT

96 Misc.2d 1028 (1978)

Bargabos Construction Co., Inc., Plaintiff, v. Realty International, Inc., et al., Defendants.

Supreme Court, Onondaga County.

November 10, 1978

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P. C. (James A. O'Shea of counsel), for Realty International, Inc., and others, defendants. Urcioli & Covino (John D. Covino of counsel), for plaintiff.

EDWARD F. McLAUGHLIN, J.

Defendants Realty International, Inc., Syracuse One Associates, and United States Fidelity and Guaranty Company move to dismiss plaintiff's cause of action to foreclose a mechanic's lien against the surety bond of the defendant, United States Fidelity and Guaranty Company, on the grounds that the lien has abated because plaintiff failed to obtain and file an order within three years extending the lis pendens citing CPLR...

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