Sayville Federal, Savings & Loan Ass'n v. Schons

In this action to foreclose a mortgage the surveyors, Hawkins & Webb, were named parties defendant, as claiming a lien on the premises which allegedly accrued subsequently to the lien of the mortgage. These defendants now. move for summary judgment, adjudging their lien to be superior and prior to the lien of the mortgage and that it be first paid out *55of the proceeds of sale in the event foreclosure is granted. On cross motion the mortgagee admits the priority of the surveyors’ lien and asks leave to discontinue the action as to these defendants.

It is now conceded that Hawkins & Webb filed…