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AVAHO INDUS., INC. v. LE SANNOM BLDG. CORP.

172 A.D.2d 468 (1991)

Avaho Industries, Inc., Respondent, v. Le Sannom Building Corp., Appellant, et al., Defendants

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

April 30, 1991

Plaintiff, a subcontractor, brings this action to foreclose its mechanic's lien for material and services. Defendant-appellant, the owner of the premises, moved for summary judgment pursuant to CPLR 3212, dismissing the complaint as against it, on the ground that plaintiff failed to meet a condition precedent to recovery on the underlying construction contract, since plaintiff had not installed the exhaust fans specified in the...

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