Allerton Construction Corp. v. Fairway Apartments Corp.

Application by petitioner to examine the books and records of the respondent pursuant to the provisions of article 3-A of the Lien Law.

On January 12, 1965 the parties entered into a written contract whereby the petitioner, as contractor, became obligated to install a well point system and perform dewatering work for the respondent, as owner, in construction and improvement of certain real property located in Forest Hills, New York.

By General Condition “ E ” in the printed portion of that contract, the petitioner waived its lien for work, labor, services and materials furnished. That the…