Bennett Bros. v. Bracewood Realty No. 1, Inc.

In an action in which the complaint alleges two causes of action: first, an action to foreclose a mechanic’s lien, and second, an action to recover for work, labor and services and for the rental of certain excavation equipment, the defendant Braoewood Realty No. 1, Inc., appeals from so much of an order of the Supreme Court, Queens County, dated October 5, 1961, as: (1) granted plaintiff’s motion to amend its notice of lien, wunc pro tune, and (2) denied said defendant’s motion to dismiss the first cause of action for patent insufficiency. Order, insofar as appealed from, reversed, without…