Gokey v. Massey

Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: While an action to impress an equitable lien upon real property comes within the provisions of section 120 of the Civil Practice Act, the question here is whether the allegations of the complaint are sufficient to sustain such an action. We think they are not. The complaint fails to state that the moneys expended went to the repair or improvement of the real estate. It is merely alleged that the plaintiff expended moneys in “ fitting ”, “ equipping ” and “ operating ” said premises.…