W. J. Plander Block, Inc. v. Mussler

This is a motion to dismiss a complaint in an action to foreclose a mechanic’s lien on the ground it is barred by the Statute of Limitations.

Actually no statute is involved but rather an order of the court which disposed of a former motion to discharge the lien under section 59 of the Lien Law, by allowing an additional 15 days to commence the action where it was shown that process had been issued but not served due to inability to locate the owner, the very same persons who were making the motion.

Now that they have been found and served, this motion is made for an alleged failure to comply…