Denlinger, Inc. v. Agresta

KELLY, Judge:

In this appeal, we are called upon to determine whether pleading as both a contractor and subcontractor under the Mechanics’ Lien Law at 49 P.S. § 1501 et seq. will defeat the acquisition of the sought-after hen. We conclude that the dual characterization in appellant’s complaint and claim does not defeat the claim nor warrant dismissal of the action. Accordingly, we reverse and vacate the May 6, 1997 and the May 27, 1997 orders, which sustained the appellees’ preliminary objections to appellant’s mechanics’ lien complaint and claim. We remand for reinstatement of the complaint…