A. Toffolo, Inc. v. Schwartz

The lien expired and was lost by the plaintiff’s failure to comply with section 17 of the Lien Law. Further, as no personal liability was alleged nor evidentiary showing made of a contractual relation between the plaintiff and the moving defendants, no issue of fact remained to be tried.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.