Grandview Construction Corp. v. Lepore

Prior to the commencement of Action No. 2, now before this court, the plaintiff there brought an action against the defendant, and others, to foreclose a mechanic’s lien. In due course, the matter was referred to an Official Referee to hear and determine. The mechanic’s lien foreclosure came on for trial before said Official Referee and, during the trial, was discontinued on the merits upon plaintiff’s application. Thereafter, the Official Referee made his order in the form of a judgment, adjudging that the “ action be * * * discontinued on the merits and the complaint dismissed.”

After such…