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FRUEH v. KASS

120 Misc.2d 330 (1983)

Peter K. Frueh, Inc., Plaintiff, v. Clayton H. Kass Et Al., Defendants.

Supreme Court, Special Term, Albany County.

August 9, 1983

Attorney(s) appearing for the Case

De Angelis, Kaplowitz, Rice & Murphy (Kenneth D. Runion of counsel), for plaintiff. Donald G. Hatts for Bryant Lumber Company, defendant. Horigan & Horigan (James A. Lombardo of counsel), for Otto Greco Painting Co., Inc., defendant. McClung, Peters, Simon & Arensberg (Susan F. Weber of counsel), for Aetna Casualty & Surety Company, defendant.

CON. G. CHOLAKIS, J.

Defendant Clayton H. Kass was the owner of certain real property located in the Town of Guilderland on which plaintiff and some of the codefendants performed construction work or furnished materials in connection therewith. Upon defendant's failure to pay, plaintiff and two of the defendants (Meurs and Dutton, Inc., and Bryant Lumber Corporation) filed mechanics' liens against defendant's property.

Prior to the filing of plaintiff...

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