Nunctio Const. Corp. v. Bram

Citation252 N.Y.S.2d 19,21 A.D.2d 751
PartiesNUNCTIO CONSTRUCTION CORP., Appellant, v. Ester BRAM, Defendant and Third-Party Plaintiff-Respondent; Joseph THORNE and Alfred Sharpton, Third-Party Defendants-Appellants.
Decision Date04 May 1964
CourtNew York Supreme Court Appellate Division

Jack Sterngass, Brooklyn, for appellant; Max J. LeBoyer Brooklyn, of counsel.

Appeal & Cobert, New York City, for respondent; Milton L. Cobert, New York City, of counsel.

In an action to foreclose a mechanic's lien, in which the defendant Ester Bram: (a) interposed a counterclaim to recover damages for plaintiff's negligence and improper completion of the work; and (b) instituted a third-party action against one Sharpton and another, both the plaintiff and the third-party defendant Sharpton appeal from a judgment of the Supreme Court, Kings County, entered April 23, 1963 upon the amended decision of a Special Referee after a nonjury trial before him: (1) in favor of the defendant Ester Bram, dismissing the complaint and in favor of said defendant upon her counterclaim against the plaintiff; and (2) in favor of the said Ester Bram, as third-party plaintiff, against the third-party defendants. Judgment affirmed, with costs. No opinion.

UGHETTA, Acting P. J., and KLEINFELD, BRENNAN, HILL and HOPKINS, JJ., concur.

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