Kempa v. Moell

In this action to foreclose a mechanic’s lien the Referee found that “the trial, to put it mildly, was very confusing”. We also have found a very unsatisfactory and confused record. We may assume that the notice of lien was before the Referee but it was not made a part of the complaint, nor was it an exhibit. Apparently, the appellants’ point that the notice of lien did not comply with section 9 of the Lien Law was not raised at the time of the trial. If it was found that the lien was not willfully exaggerated, we agree with the Referee. The notice of lien was inartistically drawn. The…