FRANK v. FEISS


266 A.D.2d 825 (1999)

698 N.Y.S.2d 363

JOHN B. FRANK, Respondent, v. GRANT N. FEISS, et al., Appellants, et al., Defendant.

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

Decided November 12, 1999.


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Grant N. Feiss and Sandra R. Feiss appeal from a judgment that, inter alia, granted plaintiff foreclosure of a mechanic's lien and a money judgment against them in an action based upon an oral contract for the improvement of defendants' real property. Defendants contend that the finding of Supreme Court that plaintiff substantially performed...

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