MATTER OF TULLY CONSTR. CO., INC. v. UNITED MINERALS, INC.


221 A.D.2d 697 (1995)

633 N.Y.S.2d 91

In the Matter of Tully Construction Company, Inc., Respondent, v. United Minerals, Inc., Appellant

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

November 2, 1995


Spain, J.

Respondent sold approximately 7,000 tons of limestone to R&S Concrete and Paving, Inc. at a cost of $57,746.98. When R&S failed to pay for the stone, respondent investigated its claim and determined that R&S had delivered the stone to a construction site where petitioner was the general contractor. Respondent filed a mechanic's lien pursuant to Lien Law § 12. Petitioner, contending that it had no relationship with either respondent...

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