[DOWNLOAD] "Simpson Box & Lumber Company v. James P. Crilly Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Simpson Box & Lumber Company v. James P. Crilly Et Al.
• Author : Supreme Court of New York
• Release Date : January 12, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

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[31 A.D.2d 727 Page 727] Memorandum: Summary judgment should not have been granted because plaintiff failed to establish the validity of its lien
by sufficient evidentiary facts (Curry v. Mackenzie, 239 N. Y. 267, 269, 270; Barrett v. Jacobs, 255 N. Y. 520; 2018 Seventh
Ave., Inc. v. Nach-Haus Leasing Corp. 289 N. Y. 490, 497) and because the record discloses the likelihood of defenses that
depend on evidence in possession of plaintiff and defendant Ranalletta, which is not possessed by appellants. (Proctor
Gamble Distr. Co. v. Lawrence Amer. Field Warehousing Corp., 16 N.Y.2d 344, 362; Crocker-Citizens Nat. Bank v. L. N. Magazine
Distributors, 26 A.D.2d 667; Marine Midland Trust Co. of Northern N. Y. v. Macaluso, 30 A.D.2d 932.) The judgment appealed
from decrees that plaintiff has a mechanics lien for materials supplied by it to defendant Ranalletta which were used in the
improvement of premises thereafter conveyed to appellants who were contract vendees of the property when the materials were
supplied and used. The validity of plaintiff's lien depends upon proof that five 2 by 4s worth $7.32 were delivered to defendant
Ranalletta on April 28, 1966 and were used in the improvement of the premises. Plaintiff's deliveries to the subject premises
commenced November 2, 1965 and [31 A.D.2d 727 Page 728]

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