164 A.D. 725 | N.Y. App. Div. | 1914
Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.
The following is the opinion of the court below:
This is a motion made upon the pleadings to dismiss the complaint for insufficiency. The action was brought to foreclose a mechanic’s lien. The defendants claim that the complaint does not state a cause of action, for two reasons:
1. Because it fails to state whether any other action has been brought to recover any part of the debt for which the lien was filed, and
2. Because the notice of lien is fatally defective in that it does not state how much of the labor for which the lien was filed has been actually performed.
I think the complaint is defective in both particulars. Section 43 of the Lien Law
Consol. Laws, chap. 83; Laws of 1909, chap. 38.— [Ref.