Legal Opinion

Matzen Construction, Inc. v. Hale

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

Decided December 26, 1985PublishedCited by 3 opinions

1Opinion of the CourtWeiss, J.

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered June 19, 1984 in Rensselaer County, which denied defendants’ motion to vacate a default judgment of foreclosure and sale under a mechanic’s lien.

On May 27, 1980, plaintiff commenced this action to foreclose a mechanic’s lien upon defendants’ residence. The lien had been filed for nonpayment of money due under a contract to build the house. Defendants appeared by counsel and interposed a counterclaim in their answer. Examinations before trial were had, a bill of particulars served and a note of issue filed on…

2Cases cited8 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
  3. Gulledge v. AdamsAppellate Division of the Supreme Court of the State of New York · 1985
  4. Whitbeck v. Erin's Isle, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Elgart v. Raleigh Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 1985

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3Cited by3 opinions

  1. Agway, Inc. v. ChichesterAppellate Division of the Supreme Court of the State of New York · 1999
  2. Cari v. PastoreAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. StaninNew York Supreme Court · 1991

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