Carpenter's Backhoe & Dozer Service, Inc. v. Dewittsburg Housing Development Fund Corp.

Appeal from an order of the Supreme Court at Special Term, entered October 21, 1977 in Tompkins County, which denied defendants’ motion for summary judgment dismissing the complaint, granted plaintiff’s cross motion for summary judgment to the extent of determining that plaintiff had a valid lien and ordered an immediate trial to determine the *917amount of said lien. On November 22, 1971, appellant Dewittsburg Housing Development Fund Corporation (hereinafter Dewittsburg) contracted with Clay Development Corporation (hereinafter Clay) for the construction of 212 townhouse apartments upon certain…