Charles M. Gray Marble & Slate Co. v. Schaefer

Finch, J.:

It appears that some two months after this action was commenced, the claim of the defendant, respondent, Schaefer matured. He thereupon served and filed a notice of lien and procured an order amending the pleadings so as to insert his name, but failed to amend the lis pendens already filed by the plaintiff so as to include his name therein as a party or to serve a lis pendens on his own behalf.

It would seem that the motion to cancel the notice of lien must be granted under the express provisions of section 17 of the Lien Law-(as amd. by Laws of 1916, chap. 507), which provides: “ No…