Majority
p. 546The Carl Furst Company, Inc., and Another, Plaintiffs, v. C. & W. Construction Co., Inc., Appellant, State of New York and Another, Respondents, and Others, Defendants.
Action to foreclose a mechanic’s lien against a public improvement. Order granting motion of the State of New York and Saratoga Springs Commission to strike out a second defense in the answer of defendant C. & W. Construction Co., Inc., affirmed, with ten dollars costs and disbursements. (Lien Law, §§45 and 60, as amended.) Young, Hagarty, Carswell and Davis, JJ., concur; Lazansky, P. J., not voting.