Legal Opinion

Sol-Mar Painting & Decorating Co v. Rogers & Haggerty, Inc.

New York Supreme Court

Decided October 20, 1961Published

1Opinion of the CourtSamuel Babin, J.

This is an action to foreclose a mechanic’s lien under a contract for a public improvement in the construction of a dormitory building for the Dormitory Authority of the State of New York at New Paltz, New York. The defendant Bogers and Haggerty, Inc., was the general contractor and plaintiff the subcontractor in the furnishing of materials and painting work to be performed in the dormitory building.

The defendants now move for summary judgment dismissing the complaint on the ground that the plaintiff has failed to file a lis pendens with either the Comptroller of the State of New York or with…

2Cases cited2 opinions

  1. National Lumber Co. v. F. Braun & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  2. Catapano v. ClementeAppellate Division of the Supreme Court of the State of New York · 1948

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