Libman-Spanjer Corp. v. Royal Hall, Inc.

This is a motion to strike out the counterclaim contained in the second amended answer of the defendant Perlmutter. On a previous motion it was held that the plaintiffs did not acquire a specific lien upon the funds in suit by the commencement of this action, although the motion to strike out the counterclaim was granted because of purely formal defects of pleading (Libman-Spanjer Corporation v. Royal Hall, Inc., 146 Misc. 348). The plaintiffs now question the correctness of the conclusion expressed in the opinion on the previous motion. They contend that a lien has been created in their…