OUTRIGGER CONSTR. CO., INC. v. NOSTRAND AVE. DEV. CORP.


217 A.D.2d 689 (1995)

630 N.Y.S.2d 332

Outrigger Construction Company, Inc., Appellant, v. Nostrand Avenue Development Corporation et al., Defendants, and Bank Leumi Trust Company of New York, Respondent. (And a Third-Party Action.)

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

July 31, 1995


Ordered that the order is affirmed, with costs.

The plaintiff, Outrigger Construction Company, Inc., commenced this action to foreclose a mechanic's lien on real property owned by Nostrand Avenue Development Corporation (hereinafter Nostrand) and on which the defendant Bank Leumi Trust Company of New York (hereinafter Bank Leumi) held a mortgage. The plaintiff had performed construction work on the property for Nostrand. However, Nostrand failed to fully pay the plaintiff...

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