Ben Goldin, Inc. v. Edward J. Fuhrmann Construction Co.

Appellate Division of the Supreme Court of New York

Ben Goldin, Inc. v. Edward J. Fuhrmann Construction Co.

70 A.D.2d 923, 417 N.Y.S.2d 879, 1979 N.Y. App. Div. LEXIS 12522

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 18, 1979

StatusPublished

This text of 70 A.D.2d 923 (Ben Goldin, Inc. v. Edward J. Fuhrmann Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ben Goldin, Inc. v. Edward J. Fuhrmann Construction Co., 70 A.D.2d 923, 417 N.Y.S.2d 879, 1979 N.Y. App. Div. LEXIS 12522 (N.Y. Ct. App. 1979).

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Opinion

— In a consolidated action to foreclose mechanics’ liens against certain property and to recover for the value of materials supplied and delivered to defendants, defendant Hauppauge Associates, Inc., appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County, entered March 21, 1978, as after a nonjury trial, was in favor of plaintiff Ben Goldin, Inc., and against it. Judgment reversed insofar as appealed from, on the law, with costs, the complaint is dismissed against appellant and it is directed that the plaintiff’s subject mechanic’s lien filed against the appellant’s real property be vacated. We find no evidence in the record or reasoning in the trial court’s decision to justify the judgment against appellant Hauppauge Associates, Inc. (see Custer Bldrs. v Quaker Heritage, 41 AD2d 448). Hopkins, J. P., Damiani, Titone and Margett, JJ., concur.

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— In a consolidated action to foreclose mechanics’ liens against certain property and to recover for the value of materials supplied and delivered to defendants, defendant Hauppauge Associates, Inc., appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County, entered March 21, 1978, as after a nonjury trial, was in favor of plaintiff Ben Goldin, Inc., and against it. Judgment reversed insofar as appealed from, on the law, with costs, the complaint is dismissed against appellant and it is directed that the plaintiff’s subject mechanic’s lien filed against the appellant’s real property be vacated. We find no evidence in the record or reasoning in the trial court’s decision to justify the judgment against appellant Hauppauge Associates, Inc. (see Custer Bldrs. v Quaker Heritage, 41 AD2d 448). Hopkins, J. P., Damiani, Titone and Margett, JJ., concur.

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70 A.D.2d 923, 417 N.Y.S.2d 879, 1979 N.Y. App. Div. LEXIS 12522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ben-goldin-inc-v-edward-j-fuhrmann-construction-co-nyappdiv-1979.

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