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COLLINS v. SHANNON PARK

163 Misc.2d 398 (1994)

621 N.Y.S.2d 463

James D. Collins, Plaintiff, v. Shannon Park, Inc., et al., Defendants.

County Court, Schoharie County.

November 22, 1994

Attorney(s) appearing for the Case

Merton Morlang for plaintiff. James Sacket for James N. Wright, defendant.

DAN LAMONT, J.

In this action to foreclose a mechanic's lien in the amount of $4,843.90, plaintiff moves for an order granting summary judgment of foreclosure for the relief demanded in the complaint, and further moves for an order pursuant to Lien Law § 44 (5) declaring that defendant James N. Wright's $30,000 mortgage lien is deemed waived as not set forth in his answer.

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