MATTER OF MORONEY v. GUILDER


199 A.D.2d 808 (1993)

608 N.Y.S.2d 121

In the Matter of Rise J. Moroney et al., Doing Business as Evergreen Plaza Partnership, Respondents, v. Albert Guilder, Appellant

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

December 23, 1993


There is no evidence that petitioners and respondent have any business or contractual relationship with respect to the property involved so as to render petitioners subject to the mechanic's lien filed by respondent. Furthermore, respondent is not a materialman as that term is defined in Lien Law § 2 (12). Due to this result, it is not necessary to decide whether respondent's cross motion to amend the mechanic's lien was properly denied.

Ordered that the order...

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