Copasso v. Apfel

Kelly, P. J.:

As to appellant Capital City Surety Company the judgment should be reversed upon the law, with costs, and the complaint dismissed, with costs The notice of lien is framed upon a theory contrary to the facts testified to by the plaintiff lienor. It is based upon the full performance of the lienor’s contract. The amount stated to be due is the full contract price for the masonry work and materials on ten houses described in the complaint, less payments made on account of the contract by the owner, whereas the plaintiff concedes that he did not complete the contract, having…