GUI'S LUMBER & HOME CENTER, INC. v. MADER CONSTRUCTION CO., INC.


13 A.D.3d 1096 (2004)

787 N.Y.S.2d 555

GUI'S LUMBER & HOME CENTER, INC., Respondent, v. MADER CONSTRUCTION CO., INC., et al., Appellants.

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

December 30, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.

Memorandum:

Plaintiff commenced this action seeking to foreclose on a mechanic's lien in the approximate amount of $52,000, asserting that it is entitled to that amount based on materials it provided to defendant Mader Construction Co., Inc. (Mader). Supreme Court erred...

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