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TOWN & COUNTRY LINOLEUM & CARPET CO., INC. v. TROPEA

262 A.D.2d 1045 (1999)

692 N.Y.S.2d 268

TOWN & COUNTRY LINOLEUM & CARPET CO., INC., Appellant, v. DANIEL A. TROPEA et al., Respondents.

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

Decided June 18, 1999.

Order unanimously reversed on the law without costs, motion for reargument denied and order dated March 13, 1998 reinstated.

Memorandum:

Supreme Court erred in granting reargument and, upon reargument, vacating the order dated March 13, 1998 and denying plaintiff's motion for summary judgment in this action to enforce a mechanic's lien. Plaintiff, a subcontractor that provided materials and services in connection with the construction of defendants' residence...

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