Eugene B. Irish Construction Co. v. Standard Vending Corp.

Order unanimously reversed, with costs; motion for preference denied, without prejudice, and cross motion to strike case from Trial Calendar granted. Motion to stay trial dismissed as moot. Memorandum: In this action to foreclose a mechanic’s lien based upon services performed and materials furnished from November, 1973 to June, 1974 under an unwritten contract, plaintiff seeks to recover approximately $120,000. The action was instituted by service of a summons and complaint on September 17, 1974; answer with counterclaim for $225,000 was served on October 17, with a demand for a bill of…