115 N.Y.S. 916 | N.Y. App. Div. | 1909
Appeal by plaintiff from an order striking out part of a supplemental complaint. The action is one to foreclose a mechanic’s lien upon money in the hands of the comptroller appropriated for the erection of two fire engine houses. • Plaintiff, a sub-contractor, claims a lien for upwards of $4,000 for materials furnished to the principal contractor and used in the erection of the buildings. The respondent is also a sub-contractor (as are other defendants) claiming a lien subsequent to that of plaintiff. By the supplemental complaint, which plaintiff served in pursuance of an order permit
The order appealed from must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Patterson, P. J., Ingraham, McLaughlin and Laughlin, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.