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FID. NEW YORK v. KENSINGTON-JOHNSON CORP.

236 A.D.2d 441 (1997)

654 N.Y.S.2d 602

Fidelity New York, FSB, Formerely Known as Fidelity New York, F.A., Plaintiff, v. Kensington-Johnson Corporation, Defendant-Appellant, and Kelly Masonry Corporation, Defendant-Respondent, et al., Defendants. (And a Related Action.)

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

February 10, 1997

Ordered that the order and amended judgment is affirmed, with costs.

The trial court properly awarded Kelly Masonry Corporation damages against the defendant Kensington-Johnson Corporation (see, Lien Law § 54; Eagle Contrs. v Black, 8 N.Y.2d 732; Noce v Kaufman, 2 N.Y.2d 347; Brook-Hattan Utils. v 893 Constr. Corp., ...

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