DURABLE GROUP, INC. v. DE BENEDETTO


85 A.D.2d 524 (1981)

Durable Group, Inc., Respondent, v. Michael De Benedetto et al., Appellants, et al., Defendants

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

December 8, 1981


Plaintiff-respondent seeks to foreclose on a mechanic's lien in the sum of $42,900 filed for construction work performed for Fratorium, Inc., the defaulting tenant. Defendants-appellants wish to interpose counterclaims based on their position as owners of the premises and guarantors for Fratorium of the construction contract, pursuant to a written modification agreement executed January 29, 1979. There are sufficient triable issues of fact so that summary judgment should...

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