Majority
p. 598In the Matter of a Certain Contract Filed in the Office of the Comptroller of the City of New York as No. 104951, Dated June 12th, 1931, between The Board of Education of the City of New York and Fischbach & Moore, Inc., for a Public Improvement Consisting of the Electric Work for the Brooklyn Technical High School at DeKalb Avenue and Fort Greene Place in the Borough of Brooklyn, New York City. Fischbach & Moore, Inc., Contractor, Appellant; Westinghouse Electric and Manufacturing Company and Others, Respondents.
Orders reversed, with twenty dollars costs and disbursements, the motion to strike out the notice and demand under section 36-d of the Lien Law served upon the contractor, requiring it to serve the verified statement mentioned in said section granted, and the cross-motion denied; and the motion directing service of the verified statement by the contractor upon Westinghouse Electric and Manufacturing Company denied. Section 36-d of the Lien Law does not apply to contracts made before its provisions went into effect. Present — Martin, P. J., Merrell, O’Malley, Townley and Untermyer, JJ.