Rosicato v. Manera

A subcontractor moves to intervene in an action which the plaintiff — as general contractor — brought to foreclose a mechanic’s lien. That action has already been tried and the general contractor awarded the sum of $7,000, out of which the four other subcontractors are to be paid the total sum of $3,647.09, leaving a balance of $3,352.91 for the general contractor. This sum, the movant contends, includes the amount to which it is- entitled — the sum of $2,158.35.

The general contractor opposes the application solely on the ground that the movant’s lien has expired and that it no longer has an…