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MURPHY CONSTR. CORP. v. MORRISSEY

168 A.D.2d 877 (1990)

Murphy Construction Corporation, Respondent, v. John Morrissey et al., Appellants

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

December 27, 1990

Mercure, J.

Following joinder of issue and discovery in this action to foreclose a mechanic's lien, defendants moved for an order canceling the notice of lien, alleging that plaintiff served a copy of its notice of lien upon defendants by certified mail more than 30 days after filing and that plaintiff never filed proof of such service with the County Clerk. Supreme Court granted the motion only to the extent...

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