Prompt Electrical Supply Co. v. W. E. Tatem, Inc.

William R. Brennan, Jr., J.

The plaintiff in this action to foreclose a mechanic’s lien moves to dismiss separate defenses pleaded in the respective answers of the general contractor (Layne) and of the surety (American) upon its undertaking filed to discharge the lien. The litigation arises out of a public improvement contract pursuant to which Layne constructed and installed a water pumping station for the defendant Village of Hempstead. The plaintiff sold and delivered electrical supplies and equipment to one of Layne’s subcontractors, the defendant Tatem, for which it has not been paid.

The…