Eastern Wood-Working Co. v. Bisgeier

This is an action to foreclose a mechanic’s lien on real property. It has been held in the opinion previously rendered that plaintiff was not entitled to a judgment for the foreclosure of its lien, *347but was entitled, pursuant to section 54 of the Lien Law, to a personal judgment for $100 against the defendant Bisgeier. The question then arises whether plaintiff may have costs. Under section 53 of the Lien Law, in an action in a court of record to enforce a mechanic’s lien against real property, costs are in the discretion of the court and may be awarded to the prevailing party, and it has been…