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BELT PAINT v. NEZELEK, INC.

90 A.D.2d 188 (1982)

Belt Painting Corp., Respondent, v. Edward L. Nezelek, Inc., et al., Defendants, and Travelers Indemnity Company, Appellant

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

December 9, 1982

Attorney(s) appearing for the Case

Couch & Howard, P. C. (Leslie F. Couch of counsel), for appellant.

McDonough, Schneider, Marcus, Cohn & Tretter (Franklin E. Tretter of counsel), for respondent.

KANE, J. P., MAIN, CASEY and LEVINE, JJ., concur.

WEISS, J.

In this action to foreclose a public improvement lien, the facts are undisputed. Plaintiff, a painting subcontractor to defendant Nezelek on the construction of the Capital District Psychiatric Center, filed a notice of public improvement lien on April 30, 1976 which was discharged by order of this court upon the filing of an undertaking furnished by defendant The Travelers Indemnity Company (Travelers...

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