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Order affirmed, without costs of this appeal to either party. Memorandum: While we affirm the order, it is still a question of fact for the trial court to determine when the last item of material was furnished and when the last item of service was performed. All concur. (The order amends plaintiff’s lien nunc pro tunc and permits plaintiff to amend its complaint in an action to foreclose a mechanic’s lien.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.
Document Info
Citation Numbers: 263 A.D. 1062, 34 N.Y.S.2d 367, 1942 N.Y. App. Div. LEXIS 8049
Filed Date: 3/25/1942
Precedential Status: Precedential
Modified Date: 10/28/2024