Kuhn v. Kober

—In an action to foreclose a mechanic’s lien, the defendant Arthur Kober appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered July 15, 1992, as denied his motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant property owner sought dismissal of the plaintiffs action to foreclose a mechanic’s lien on the ground that there was no privity of contract between the parties. However, it is well settled that "a material[person] or…