Mardan Construction Corp. v. Rogers Auto Sales Corp.

In an action to foreclose a mechanic’s lien and for a judgment against defendant Irving Rogers, individually, on his personal guarantee, the defendants, other than the defendant Levitt, appeal from an order of the Supreme Court, Queens County, dated April 2, 1959, which granted plaintiff’s motions and which: (a) struck out as sham certain allegations and defenses in the answers of said defendants, and (b) dismissed all the defenses and counterclaims in said answers for patent insufficiency, with leave to replead. The single order was entered on two motions made by plaintiff. Order reversed,…