Cirillo Bros. Petroleum Co. v. Kyne Realty Corp.

This case was tried by the court without a jury, findings of fact and conclusions of law having been waived.

Plaintiff brought this action to foreclose a mechanic’s lien on property located at 515 West 187th Street in the Borough of Manhattan. A second cause of action was added for goods sold and delivered consisting of fuel oil delivered at the said premises.

Defendant has raised various questions relating to the validity of the lien as filed and these will be separately considered. Since this action was commenced and tried in the City Court, County of Bronx, defendant contends that the…