Bryant Equipment Corp. v. A-1 Moore Contracting Corp.

In an action to foreclose a mechanic’s lien, the appeal is from an order of the Supreme Court, Dutchess County, dated October 28, 1975, which denied appellant’s motion to dismiss the complaint as against it on the ground that it is neither a necessary nor a proper party. Order reversed, on the law, with $50 costs and disbursements, and motion granted. No fact questions were considered on this appeal. On December 19, 1974 plaintiff filed a mechanic’s lien in the office of the County Clerk, Dutchess County, against the affected property. On January 21, 1975 Cedar Associates, the fee owner,…