Hyperlawhypertext legal database In re Candee, Smith & Howland Co. 173 A.D. 962

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In re Candee, Smith & Howland Co.

173 A.D. 962 Court N.Y. App. Div. English

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p. 962
In the Matter of the Application of Candee, Smith & Howland Company, Appellant, for Leave to Sue in Its Own Name on the Undertaking given by Cleonice Policastro and Another to Discharge a Mechanic’s Lien Filed by Petitioner; Illinois Surety Company, Respondent.

Headnote

Appeal from an order, entered in the New York county clerk’s office on the 7th day of February, 1916, denying a motion by petitioner for leave to sue the Illinois Surety Company on its undertaking given to discharge a mechanic’s lien.

order appealed from is affirmed, with ten dollars costs and disbursements, on the ground that no leave to sue is necessary. (Pierce, Butler &P ierce Mfg. Co. v. Wilson, 118 App. Div. 662 ; Vitelli v. May, 120 id. 448.) Present—Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order affirmed, with ten dollars costs and disbursements.

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