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In the Matter of the Application of BASIL RAFUSE, Respondent. JACOB GRAIFER et al., Appellants.

Appeal from an order denying application to vacate a written demand for a statement of receipts and disbursements, etc., served by a carpentry contractor upon the owner of an improvement to real property under subdivisions (4) and (5) of section 36-d Lien of the Lien Law. Order affirmed, with $10 costs and disbursements. There appears to be no authority for the making of a motion to vacate the demand, such as the one here made, particularly since no action or proceeding is at present pending. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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MATTER OF RAFUSE
(Nov 22, 1948)