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PAERDEGAT CLUB v. ZARRELLI

83 A.D.2d 444 (1981)

In the Matter of Paerdegat Boat and Racquet Club, Inc., et al., Respondents, v. Joseph Zarrelli, Appellant

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

December 21, 1981

Attorney(s) appearing for the Case

Corash & Hollender (Paul Hollender of counsel), for appellant.

Bernard Gold for respondents.

TITONE and GULOTTA, JJ., concur with WEINSTEIN, J.; HOPKINS, J. P., concurs in part and dissents in part, with an opinion, in which RABIN, J., concurs.

WEINSTEIN, J.

The law has long been settled that a mechanic's lien cannot attach to property owned by a municipality, at least when the property is being used for a public purpose (see Poillon v Mayor of City of N. Y., 47 N.Y. 666; Leonard v City of Brooklyn, 71 N.Y. 498; Sexauer & Lemke v Burke & Sons Co., 228 N.Y. 341; Kennedy & Co. v New York World's Fair 1939, 260 App Div 386, affd 288 N.Y. 494; Matter of...

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