Smith Bros. Plumbing Co. v. Engine Air Service, Inc.

Two issues are presented on this appeal: first, whether the County Court had jurisdiction to award appellant a money judgment against respondent, and, second, whether appellant fully performed the terms of the contract under which he was hired to procure a mortgage loan commitment for respondent.

As to the first issue: Appellant was a necessary party to the action instituted by plaintiff Smith Bros, by reason of his having recorded the employment contract as a mortgage, lien or claim against respondent’s realty (see Lien Law, § 44), and appellant was, by his answer, required to set forth his…