F & C General Contractors Corp. v. Atlantic Mutual Mortgage Corp.

—In an action, inter alla, to foreclose a mechanic’s lien, the defendants Atlantic Mutual Mortgage Corporation, Chicago Title Insurance Company, and Bartech Abstract Company appeal from a judgment of the Supreme Court, Westchester County (Colabella, J.), dated September 14, 1998, which, after a nonjury trial, and upon the denial of their motion to dismiss the complaint at the close of the plaintiffs case for failure to prove a prima facie case, and upon the granting of the plaintiffs motion to vacate a prior judgment of the same court (Silverman, J.), dated December 11, 1997, which was in…