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MATTER OF NEW ROCHELLE CONTRACTING CORP. v. AMERICAN STEEL ERECTORS, INC.

304 A.D.2d 581 (2003)

758 N.Y.S.2d 363

In the Matter of NEW ROCHELLE CONTRACTING CORP., Respondent, v. AMERICAN STEEL ERECTORS, INC., Appellant.

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

Decided April 7, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner commenced this proceeding pursuant to Lien Law § 21 (5) to discharge a public improvement mechanics' lien. In opposition, American Steel Erectors, Inc. (hereinafter American Steel) moved, inter alia, for a temporary stay of the proceeding on the ground that the petitioner failed to comply with its demand for a verified statement...

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