58 A.D.2d 1034 | N.Y. App. Div. | 1977
Order unanimously reversed, and defendant’s motion granted, in accordance with the following memorandum: In 1971 plaintiff contracted for the erection of a building on its property in Rochester. Several disputes developed, specifically between plaintiff, defendant LeChase and defendants D.I. Development Corp. and Design International. When the building was close to completion, LeChase walked off the job and on December 23, 1971 it filed a mechanic’s lien demanding approximately $55,000 allegedly due under the contract. When payment was not forthcoming, it commenced a foreclosure action on April