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Keahon Bros v. Palisades Interstate Park Comm

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1964
21 A.D.2d 833 (N.Y. App. Div. 1964)

Opinion

June 29, 1964


In two consolidated actions to foreclose mechanics' liens arising out of a public improvement project, and to recover payment under a certain labor and material payment bond, the defendants Amadeus, Inc., and American Surety Company of New York appeal from an order of the Supreme Court, Rockland County, dated March 24, 1964, which denied their motion: (a) to open the default of the Surety Company in failing to answer the complaint in Action No. 1, to permit it to serve its proposed answer, and to permit both of said defendants to serve answers and amended answers to the complaints and cross claims of the lienor plaintiffs and lienor defendants in both actions; and (b) for further and related relief. Order affirmed, with $10 costs and disbursements ( Investment Corp. of Philadelphia v. Spector, 12 A.D.2d 911; Wischerth v. Wischerth, 266 App. Div. 881; Morris v. Coral Cafe, 281 App. Div. 844; Ackerman v. Philip Fleischer, Inc., 21 Misc.2d 590). Beldock, P.J., Ughetta, Christ, Brennan and Hill, JJ., concur.


Summaries of

Keahon Bros v. Palisades Interstate Park Comm

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1964
21 A.D.2d 833 (N.Y. App. Div. 1964)
Case details for

Keahon Bros v. Palisades Interstate Park Comm

Case Details

Full title:KEAHON BROTHERS, INC., Respondent, v. PALISADES INTERSTATE PARK COMMISSION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1964

Citations

21 A.D.2d 833 (N.Y. App. Div. 1964)

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