GOLDEN v. GENERAL BUILDERS SUPPLY LLC


441 Mass. 652 (2004)

SANDRA K. GOLDEN v. GENERAL BUILDERS SUPPLY LLC.

Supreme Judicial Court of Massachusetts, Norfolk.

May 12, 2004.


Attorney(s) appearing for the Case

Marshall F. Newman for the defendant.

Dana F. Rodin for the plaintiff.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


SOSMAN, J.

In this appeal, we consider (1) whether a civil action to enforce a mechanic's lien may be filed as a counterclaim in the property owner's action to discharge that same lien, and (2) if so, whether such a counterclaim relates back to the filing date of the property owner's complaint for purposes of determining whether the lien enforcement action was timely commenced. See G. L. c. 254, §§ 5, 11, 15A; G. L. c. 260, § 36. The plaintiff owner...

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