Fulmer v. Sovocool

Appeal from an order of the Supreme Court which denied defendant’s motion, in an action to foreclose a mechanic’s lien, to sever the claims of defendant asserted by counterclaims set forth in the answer and to direct jury trial thereof; one counterclaim being for fraud inducing the building contract underlying plaintiffs’ claim; and the other being interposed to have the lien declared void and for damages, pursuant to sections 39 and 39-a of the Lien Law, for willful exaggeration of the amount *890claimed. On the motion defendant sought severance on the ground that a verdict in his favor on his…