Kinematics, Ltd. v. Sprayview Construction Corp.

William R. Brennan, Jr., J.

This is a motion pursuant to rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint on the grounds (1) that prior to the filing of the notice of lien by the plaintiff subcontractor, the owner Sprayview Construction Corporation had conveyed the property to Round Dune, Inc., and (2) that the filing of an undertaking by the contractor discharged the property from •the lien and eliminated the necessity of having the owner of the property as a party defendant,

*333The papers submitted reveal that on August 25, 1960 when the notice of lien was…