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C.R.A. INC. OF NORTHERN NEW YORK v. J & K PLUMBING AND HEATING COMPANY, INC.

6 A.D.3d 915 (2004)

774 N.Y.S.2d 455

C.R.A. INC. OF NORTHERN NEW YORK, Respondent, v. J & K PLUMBING AND HEATING COMPANY, INC., et al., Appellants.

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

April 15, 2004.

Peters, J.

In this action seeking to foreclose a public improvement lien, defendant State of New York moved for summary judgment by averring, inter alia, that dismissal was warranted due to plaintiff's failure to file its original notice of lien with the Comptroller. The remaining defendants cross-moved for similar relief and plaintiff sought to have the State's affirmative defense regarding the sufficiency of its notice stricken. Plaintiff's motion was granted to...

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