Joe Smith, Inc. v. Otis-Charles Corp.

The action, tried before an official referee, was brought under article 3 of the Lien Law for the foreclosure of a mechanic’s lien filed by the plaintiff-respondent, Joe Smith, Inc., against certain property situate in the city of Syracuse owned by the defendant-appellant, Otis-Charles Corp. The action was either dismissed or discontinued as to all the other defendants excepting the appellant.

The principal question raised on this appeal relates to the applicability of sections 39 and 39-a of the Lien Law. Section 39 provides that “ In any action or proceeding to enforce a mechanic’s lien * *…