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R & J YOREK, INC. v. MCL CONSTR., INC.

173 A.D.2d 531 (1991)

R & J Yorek, Inc., Appellant, v. MCL Construction, Inc., et al., Respondents

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

May 13, 1991

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

The plaintiff contracted with the defendant MCL Construction, Inc. (hereinafter MCL) in February 1984 to construct an addition to its service station. The contract was subsequently modified to provide for demolition of the existing structure and construction of a new building. As security for the costs of construction, the plaintiff delivered two mortgages on the subject property to MCL. Following...

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