Middletown Supply, Inc. v. S. M. K. Development Corp.

On June 11, 1972, plaintiff filed a mechanic’s lien against certain real property in the County of Orange. Thereafter, on July 19, 1972, the defendant S. M. K. Development Corp., pursuant to section 20 of the Lien Law, filed a bond with the Clerk of the County of Orange in order to discharge the said real property from the said lien.

In this action to enforce the .said lien, the defendant Heritage Savings Bank moves to dismiss the complaint as against it, on the ground that .said defendant should not have been named as a defendant in this action.

The plaintiff contends that the defendant…