De Marzo v. Gatto

Motion by defendant Castorina for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action.

Plaintiff brings this action to foreclose a mechanic’s lien. The complaint alleges that plaintiff installed an oil-burning system in certain premises formerly owned by the defendants G-atto, but record title to which is presently in the name of the defendant Castorina. The sale and installation of the heating system were made pursuant to a conditional sales contract which provided, in part, as follows: “It is agreed that, irrespective of the method or…