Elliott v. L. G. De Felice & Son, Inc.

The present motion made by the State of New York to dismiss the complaint is bottomed upon the assertion that this court has no jurisdiction since the State has not consented to be sued here.

The action is to foreclose a mechanic’s lien for materials furnished to a subcontractor in the building of the New York State Thruway. There is no serious factual dispute. It appears that the lien was filed with the State Comptroller and with the director of finance and accounts of the Thruway Authority, and that the State Comptroller possesses sufficient funds of the defendant contractor to dispose of…