Fabrizio v. Fabrizio

The plaintiff brought this action to foreclose a mechanic’s lien on premises owned by the defendant DeBenigno. It was alleged that Henry Fabrizio, the other defendant, claimed to have two mechanics’ liens on the land. The resulting pleadings were complicated and do not require detailed discussion. The trial court decided that the plaintiff did not acquire a lien. He did not appeal. Henry Fabrizio did not pursue his lien claims but relied upon a cross-complaint to recover damages from DeBenigno for breach of contract. The court decided that Henry Fabrizio himself breached the agreement and…