Naclerio Contracting Co. v. Rialto Realty Corp.

Motions numbered 2 and 65 are consolidated herewith. Both motions by a lienor seek, pursuant to section 12-a of the Lien Law to amend nunc pro tunc a mechanic’s lien filed on November 10, 1960. An action has been commenced to foreclose the mechanic’s lien. The motions were triggered by the answer alleging the defectiveness of the lien by reason of the insufficiency thereof.

Under item 4 of the lien filed, “ excavation services ” is set forth as labor performed. Item 5 lists $3,216.22 for labor and materials performed and furnished; and item 6 lists the dates of commencement and termination of…