RISING v. KENDZIE


12 A.D.2d 988 (1961)

Harold Rising, Respondent, v. Joseph J. Kendzie et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 16, 1961


Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

In this action to foreclose a mechanic's lien on the interest of one defendant in real property, plaintiff has been granted a personal judgment against both defendants, although no determination was made by the Official Referee that plaintiff's mechanic's lien was invalid. Section 54 of the Lien Law permits entry of personal...

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