Order affirmed, with $10 costs and disbursements.
The complaint alleges that appellant instituted no action to foreclose its lien, that there was no money due or owing by respondent contractor to the subcontractor with whom appellant had its contract, and that by reason of the foregoing appellant's lien was not enforcible under the Lien Law and an action to foreclose the same was, and would have been, futile. The filing of a lien and the enforcement thereof, or an...
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