EDWARD JOY CO., INC. v. McGUIRE & BENNETT, INC.


199 A.D.2d 1015 (1993)

608 N.Y.S.2d 26

Edward Joy Co., Inc., Respondent, v. McGuire & Bennett, Inc., Appellant. (Appeal No. 2.)

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

December 29, 1993


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...

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