Contracts · MBE-tested
In the Matter of the Application of J. Rich Steers, Inc., Petitioner, Appellant, for an Order Summarily Vacating, Cancelling and Discharging of Record Two Alleged Notices of Lien Dated July 6, 1939, and June 3, 1939, and Both Filed by New Haven Road Construction Co., Inc., Lienor and Claimant, Respondent, against Moneys Due and to Become Due on a Certain Contract between the Department of Parks of the City of New York and Standard Dredging Corp., Known as Contract No. S.S.38-2 and Dated November 22, 1938, for Grading Embankment and Riprap on Shore Parkway from Fort Hamilton Parkway to Bay Parkway to Gravesend Bay, Borough of Brooklyn; In the Matter of the Mechanic's Lien Claimed by New Haven Road Construction Co., Inc., Lienor, Respondent, against the Moneys Due and to Become Due to Standard Dredging Corp., Contractor with the Department of Parks of the City of New York. J. Rich Steers, Inc., Appellant
258 A.D. 941·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Application of J. Rich Steers, Inc., Petitioner, Appellant, for an Order Summarily Vacating, Cancelling and Discharging of Record Two Alleged Notices of Lien Dated July 6, 1939, and June 3, 1939, and Both Filed by New Haven Road Construction Co., Inc., Lienor and Claimant, Respondent, against Moneys Due and to Become Due on a Certain Contract between the Department of Parks of the City of New York and Standard Dredging Corp., Known as Contract No. S.S.38-2 and Dated November 22, 1938, for Grading Embankment and Riprap on Shore Parkway from Fort Hamilton Parkway to Bay Parkway to Gravesend Bay, Borough of Brooklyn. In the Matter of the Mechanic’s Lien Claimed by New Haven Road Construction Co., Inc., Lienor, Respondent, against the Moneys Due and to Become Due to Standard Dredging Corp., Contractor with the Department of Parks of the City of New York. J. Rich Steers, Inc., Appellant.
(Appeal No. 1.)
(Appeal No. 2.)
[MAJORITY]
Orders, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements. Ho opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.