185 A.D. 263 | N.Y. App. Div. | 1918
The evidence consists exclusively of facts stipulated. The action is to foreclose a mechanic’s lien filed by the plaintiff,
It' follows that the findings of fact and conclusions of law .inconsistent with these views should be reversed, with costs, and appropriate findings and conclusions of law made in accordance therewith, and that judgment dismissing the complaint should be entered.
Clarke, P. J., Page and Merrell, JJ., concurred; Dowling, J., dissented.
Judgment reversed, with costs, and complaint dismissed, with costs. Order to be settled on notice.