William Saloy, Inc. v. Luhrs

Action to foreclose a mechanic’s lien for work, labor, and materials furnished towards the erection of a gasoline station, pursuant to a contract with the lessee of the unimproved property in question, with the consent of defendant, the owner. Before the station was substantially completed, plaintiff had ceased construction upon the order of the lessee, who failed to pay for the work done. The trial court found that plaintiff had failed to establish that the work was done “ with the consent or at the request of the owner ” within the meaning of section 3 of the Lien Law, and dismissed the…