Boriskin v. Toll Realty & Construction Co.

Order granting plaintiff’s motion for judgment on the pleadings as against defendant Best Plumbing Corporation reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The complaint is insufficient as against defendant Best Plumbing Corporation. If plaintiff desires to litigate the validity of the claimed hen of that defendant he should allege facts showing that he is a bona fide purchaser for value without notice of the conditional seller’s title to the fixtures in question. The complaint does not contain any allegation that…