H. W. Palen's Sons v. Nelson & Caulkins, Inc.

Van Kirk,.J.

The order appealed from, changing the place of trial, was made on the sole ground that this is not a transitory action, but is a local action because an action to foreclose a mechanic’s lien. (129 Misc. 478.) In this holding we think the court erred. The action is to enforce a lien for labor done and materials furnished for a public improvement, namely, a school *358building. The recovery sought is a determination of the amount of the claim and a lien upon the funds due under the contract; also a judgment against the municipality payable out of those funds and against the defendant…