Kent v. Burros Realty Corp.

Headnote

Liens — mechanic’s lien — abandonment of work by contractor —■ action to foreclose liens for material and Idboi--allowance to owner for cost of completion and loss from delay.

Kent v. Burros Realty Corp., 217 App. Div. 703 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,

entered May 21,1926, modifying and affirming as modified a judgment in an action to foreclose a mechanic’s hen. The defendant-respondent entered into a contract with a builder for the erection of two houses. Before completion the builder abandoned the work and Hens for material and labor were filed against the buildings by materialmen and a workman. The owner proceeded to finish the work. Upon trial of this action the owner was allowed the cost of completing the buildings and for loss arising from delay in completion by reason of the default of the contractor and the balance of the contract price was awarded to the workman to be applied on his lien for labor. The Appellate Division modified so as to provide for payment of the whole of the workman’s lien.