BURNS ELEC v. WALTON ST ASSOC.


136 A.D.2d 291 (1988)

Burns Electric Co., Inc., Respondent, v. Walton Street Associates, Appellant

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

April 8, 1988


Attorney(s) appearing for the Case

Hancock & Estabrook (Donald Kemple of counsel), for appellant.

Bryant, O'Dell & Brasso (Brian Cole of counsel), for respondent.

DENMAN, J. P., BOOMER, GREEN and DAVIS, JJ., concur.


LAWTON, J.

This appeal presents the novel issue of whether a contractor engaged by a developer may bring a proceeding against the developer, who is a vendee in possession of property owned by a public agency, to inspect the books and records of the developer in accordance with Lien Law § 76. We hold that it can.

The facts are not contested and may be simply stated. Respondent, Walton Street Associates...

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