Jones, Inc. v. 57 Corp.

Flood, J.,

A mechanic’s lien was filed in this case under a contract which provided for a waiver of the right to file a lien and also provided that the owner would place in escrow a sum of money sufficient to cover the cost of the contract. We have before us the owner’s motion to strike the lien from the record because of the waiver in the contract. The contractor has filed an answer averring failure of consideration in that the owner failed to place any amount in escrow for the payment of the contract. While under the depositions it appears that the owner placed such amount in a special…