Kingston Trust Co. v. State

This is a motion brought by the defendants Johnson, Drake & Piper, Inc. (hereinafter called Johnson) and Continental Casualty Company for an order dismissing the complaint as to them for failure to state a cause of action (CPLR 3211, subd. [a], par. 7).

In the action plaintiff seeks a determination that it has a valid mechanic’s lien on the interest of the defendant Johnson under a public improvement contract that said defendant performed for defendant State of New York, and seeks to foreclose said lien; that the surety, defendant Continental Casualty Company, be declared liable by virtue…