Saldi Excavating Contractor, Inc. v. Universal Shopping Centers, Inc.

Appellate Division of the Supreme Court of New York

Saldi Excavating Contractor, Inc. v. Universal Shopping Centers, Inc.

47 A.D.2d 650, 366 N.Y.S.2d 394, 1975 N.Y. App. Div. LEXIS 8835

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1975·Published

Opinion

In an action to foreclose a mechanic’s lien, defendants appeal from an order of the Supreme Court, Westchester County, entered July 13, 1973, which, inter alla, (1) granted in part plaintiff’s renewed motion for summary judgment, i.e., to the extent of $47,763.40 with interest thereon, (2) granted plaintiff foreclosure and sale, upon said award, and in form only, to apply against a certain lien discharge bond, and (3) severed the action so that the balance of plaintiff’s lien claim may proceed to a plenary hearing or trial. Order reversed, and the action is remitted to Special Term for a trial on all the issues, with costs to abide the event. There are issues of fact to be tried.

Gulotta, P J., Hopkins, Christ and Munder, JJ., concur; Cohalan, J., dissents and votes, to affirm the grant of partial summary judgment and to sever the remainder of the action for trial.

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In an action to foreclose a mechanic’s lien, defendants appeal from an order of the Supreme Court, Westchester County, entered July 13, 1973, which, inter alla, (1) granted in part plaintiff’s renewed motion for summary judgment, i.e., to the extent of $47,763.40 with interest thereon, (2) granted plaintiff foreclosure and sale, upon said award, and in form only, to apply against a certain lien discharge bond, and (3) severed the action so that the balance of plaintiff’s lien claim may proceed to a plenary hearing or trial. Order reversed, and the action is remitted to Special Term for a trial on all the issues, with costs to abide the event. There are issues of fact to be tried.

Gulotta, P J., Hopkins, Christ and Munder, JJ., concur; Cohalan, J., dissents and votes, to affirm the grant of partial summary judgment and to sever the remainder of the action for trial.

Saldi Excavating Contractor, Inc. v. Universal Shopping Centers, Inc., 47 A.D.2d 650, 366 N.Y.S.2d 394, 1975 N.Y. App. Div. LEXIS 8835 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 650 (Saldi Excavating Contractor, Inc. v. Universal Shopping Centers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.