Defendant contends that his motion to dismiss should have been granted unconditionally. Order modified as follows: (1) by striking out so much of its decretal paragraph as permitted plaintiffs to notice the case for trial at a subsequent term of the court; and (2) by adding a provision granting unconditionally the defendant's motion, and a provision dismissing the complaint and discharging the mechanic's lien and any lis pendens which may have been filed against the...
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