MATTER OF CONNECTICUT ST. DEV. CORP. v. GARBER BLDG. SUPPLIES, INC.


216 A.D.2d 561 (1995)

628 N.Y.S.2d 581

In the Matter of Connecticut Street Development Corp., Respondent, v. Garber Building Supplies, Inc., Appellant

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

June 26, 1995


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's assertions on appeal, the Supreme Court permissibly considered the petitioner's claim in support of its motion for reargument that service of the notice of lien was defective (see, Matter of PKS Dev. Co. v Kahn Lbr. & Millwork Co., 187 A.D.2d 656). Further, because service was not properly effected pursuant to Lien Law...

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