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FALCO CONSTR. CORP. v. P & F TRUCKING, INC.

158 A.D.2d 510 (1990)

Falco Construction Corp., Appellant, v. P & F Trucking, Inc., Respondent, et al., Defendant

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

February 13, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

Even if the claim of the plaintiff Falco Construction Corp. (hereinafter Falco) that it had a valid mechanic's lien based upon Lien Law § 3 could properly be raised for the first time on appeal (cf., First Intl. Bank v Blankstein & Son, 59 N.Y.2d 436, 447; Fresh Pond Rd. Assocs. v Estate of Schacht, 120 A.D.2d...

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