Cincrete Corp. v. Sansouci Realty Corp.

Plaintiff moves, pursuant to rule 109 of the Rules of Civil Practice, for an order striking out an alleged defense and counterclaim from the answer interposed by the defendant Underhill Construction Corporation, on the grounds that on the face thereof the defense is insufficient in law and the counterclaim does not state facts sufficient to constitute a cause of action. A close reading of sections 13, 35 and 56 of the Lien Law indicates that this motion should be granted. Section 13 provides that all liens shall be on a parity regardless of the time of filing, except as provided in section 56…