Moore Golf, Inc. v. Lakeover Golf & Country Club, Inc.

In an action inter alia to foreclose a mechanic’s lien on real property, defendants appeal from a judgment of the Supreme Court, Westchester County, dated July 29, 1974, which, after a nonjury trial, inter alia, (1) directed that the subject premises be sold at auction and that the proceeds be used to pay a specified amount to plaintiff and (2) directed judgment for plaintiff for the deficiency if the proceeds of such sale are insufficient to satisfy the amount thus fixed. Judgment reversed, on the law and in the interests of justice; so much of the complaint as seeks to impose liability on…