In re Gedney Hills, Inc.

Appellate Division of the Supreme Court of New York

In re Gedney Hills, Inc.

8 A.D.2d 843, 190 N.Y.S.2d 477, 1959 N.Y. App. Div. LEXIS 7891

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

DecidedJune 22, 1959

StatusPublished

This text of 8 A.D.2d 843 (In re Gedney Hills, Inc.) 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.

Bluebook

In re Gedney Hills, Inc., 8 A.D.2d 843, 190 N.Y.S.2d 477, 1959 N.Y. App. Div. LEXIS 7891 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from an order denying appellants’ motion for an order vacating a demand for a statement under section 36-d of the Lien Law. Order affirmed, with $10 costs and disbursements. There does not appear to be any authority for the making of a motion to vacate the demand, particularly since no action or proceeding involving it was pending when the motion was made, or is presently pending. (Cf. Matter of Rafuse, [844]*844274 App. Div. 944.) In any event, we are unable to determine, on the record presented, that the demand was premature. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Appeal from an order denying appellants’ motion for an order vacating a demand for a statement under section 36-d of the Lien Law. Order affirmed, with $10 costs and disbursements. There does not appear to be any authority for the making of a motion to vacate the demand, particularly since no action or proceeding involving it was pending when the motion was made, or is presently pending. (Cf. Matter of Rafuse, [844]*844274 App. Div. 944.) In any event, we are unable to determine, on the record presented, that the demand was premature. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

8 A.D.2d 843, 190 N.Y.S.2d 477, 1959 N.Y. App. Div. LEXIS 7891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gedney-hills-inc-nyappdiv-1959.

Opinion

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