Kleinman v. Bal Harbour Towers, Inc.

I concur with the views expressed by the majority, with the exception of that portion which holds that American Casualty Company of Reading, Pennsylvania, was not a proper party to the lien foreclosure proceedings.

The law should not be ridiculous. When the mechanic’s lien was filed, the lienor had a right to seek redress in a court of chancery if he elected and, if successful, to secure a decree directing the amount of the payment of the indebtedness due him; and, in default of same, to have the property improved sold to satisfy the amount. When the property owner elected to transfer the lien…