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MATTER OF BAT-JAC CONTRACTING, INC. v. ITALIA CONSTRUCTION COMPANY

262 A.D.2d 314 (1999)

693 N.Y.S.2d 603

In the Matter of BAT-JAC CONTRACTING, INC., Appellant, v. ITALIA CONSTRUCTION COMPANY, Respondent.

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

Decided June 1, 1999.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Prior to the termination of the public improvement lien obtained by Italia Construction Company (hereinafter Italia), the petitioner Bat-Jac Contracting, Inc. (hereinafter Bat-Jac), obtained an undertaking "conditioned for the payment of any judgment which may be recovered in an action to enforce the lien" (Lien Law § 21 [5]; see, Russell & Erwin Mfg. Co. v City of New...

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