Meszaros v. Indiveri

The defendant, Caroline Indiveri, seeks an order canceling a notice of lien filed by the plaintiff and the dismissal of the complaint for failure to file a notice of pendency of the action. The codefendants, Sheldon, move to dismiss the action for failure to commence the action within the applicable period of limitations (Rules Civ. Prac., rule 107, subd. 5).

This is an action to foreclose a mechanic’s lien brought by a subcontractor against the owners of the property (Sheldon) and the general contractor (Indiveri) in charge of the improvements. On July 13, 1961, the plaintiff filed a notice…