Appellate Division of the Supreme Court of New York, 1959

In re Gedney Hills, Inc.

In re Gedney Hills, Inc.
Appellate Division of the Supreme Court of New York · Decided June 22, 1959
8 A.D.2d 843; 190 N.Y.S.2d 477; 1959 N.Y. App. Div. LEXIS 7891
In re Gedney Hills, Inc.

Opinion of the Court

Appeal from an order denying appellants’ motion for an order vacating a demand for a statement under section 36-d of the Lien Law. Order affirmed, with $10 costs and disbursements. There does not appear to be any authority for the making of a motion to vacate the demand, particularly since no action or proceeding involving it was pending when the motion was made, or is presently pending. (Cf. Matter of Rafuse, *844274 App. Div. 944.) In any event, we are unable to determine, on the record presented, that the demand was premature. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.