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MADISON RESTORATION CORP. v. SMITHSONIAN INSTITUTE

No. 97 CIV. 2312 RWS.

985 F.Supp. 434 (1997)

MADISON RESTORATION CORP., Plaintiff, v. The SMITHSONIAN INSTITUTE, AJ Contracting Company, Inc. and "XXX Surety, Inc.," an Unknown Surety Corporation, Defendants.

United States District Court, S.D. New York.

December 15, 1997.

Attorney(s) appearing for the Case

Timothy J. Tyree, Glens Falls, NY, for Plaintiff.

McDonough Marcus Cohn & Tretter, (K. Richard Marcus, Lorraine D'Angelo, of Counsel), New York City, for Defendants.

OPINION

SWEET, District Judge.

Defendant A.J. Contracting Co., Inc. ("AJ Contracting") has moved, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the first claim in plaintiff Madison Restoration Corporation's ("Madison") complaint (the "Complaint") for failure to state a claim upon which relief can be granted. Madison alleged three claims in the Complaint: (1) foreclosure upon a lien pursuant to New York Lien Law against...

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