MATTER OF ABJEN PROPS. v. CRYSTAL RUN SAND & GRAVEL, INC.


168 A.D.2d 783 (1990)

In the Matter of Abjen Properties, L.P., Appellant, v. Crystal Run Sand & Gravel, Inc., Respondent

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

December 13, 1990


Mahoney, P. J.

Petitioner developed condominiums in Orange County and respondent provided gravel, sand and soil to a contractor on the project. Respondent has not been paid for more than $13,000 in materials and requested a verified statement from petitioner pursuant to Lien Law § 76 (1) (b). Petitioner moved to vacate the request on the ground that respondent had no right to a verified statement because...

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