Edward Joy Co. v. McGuire & Bennett, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court abused its discretion in severing plaintiff’s mechanic’s lien cause of action from the breach of contract causes of action and in denying defendant’s motion for a change of venue with respect to the related causes of action for breach of contract. Because a mechanic’s lien is an encumbrance on real property (see, Matter of Niagara Venture v Sicoli & Massaro, 77 NY2d 175, 180), an action to foreclose such lien must be brought in the county in which the real…