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HEMPSTEAD v. SCALAMANDRE

104 Misc.2d 278 (1980)

In the Matter of Hempstead Resources Recovery Corporation, Petitioner, v. Peter Scalamandre & Sons, Inc., Respondent.

Supreme Court, Special Term, Nassau County.

April 24, 1980.

Attorney(s) appearing for the Case

Wachtell, Manheim & Grouf for petitioner. Gandin, Schotsky & Rappaport for respondent.

VINCENT R. BALLETTA, J.

This is a petition by Hempstead Resources Recovery Corporation to summarily vacate the notices of mechanic's lien filed by Peter Scalamandre and Sons, Inc. The petition is based on the premise that the mechanics' liens cannot be asserted against a leasehold interest in property owned by and leased from a municipality.

In accordance with legislation designating the Town of Hempstead...

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