MATTER OF DIAMOND D CONSTRUCTION CORP.


261 A.D.2d 903 (1999)

689 N.Y.S.2d 844

In the Matter of DIAMOND D CONSTRUCTION CORP., Respondent. NEW YORK STATE DEPARTMENT OF LABOR, BUREAU OF PUBLIC WORK, Appellant. (Appeal No. 1.)

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

Decided May 7, 1999.


Order unanimously reversed on the law with costs, application denied and cross motion granted.

Memorandum:

Supreme Court erred in granting the application of petitioner to vacate what it characterized as a lien against moneys due petitioner under a contract between petitioner and the New York State Department of Transportation. Respondent had filed with the State Comptroller a notice to withhold payment upon petitioner's refusal to comply within 10 days with...

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