Simpson Box & Lumber Co. v. Crilly

Order and judgment, (one document) and supplementary judgment unanimously reversed on the law and facts with costs, and motion denied. Memorandum: Summary judgment should not have been granted because plaintiff failed to establish the validity of its lien •by sufficient evidentiary facts (Curry v. Mackenzie, 239 N. Y. 267, 269, 270; Barrett v. Jacobs, 255 N. Y. 520; 2018 Seventh Ave., Inc. v. Nach-Haus Leasing Corp. 289 N. Y. 490, 497) and because the record discloses the likelihood of defenses that depend on evidence in possession of plaintiff and defendant Ranalletta, which is not possessed…