Kosson & Sons v. Carleton

In an action by a subcontractor to foreclose a mechanic’s lien and to recover upon a payment bond, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County, entered December 24, 1965, as, on reargument, adhered to the court’s original decision and dismissed the amended complaint on motion of the defendant general contractor and the defendant surety on the payment bond. Order reversed, insofar as appealed from, with $10 costs and disbursements, and motion denied, without costs. The time to answer the amended complaint is extended until 20…