Opinion
November 12, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAXWELL SHAPIRO, J.
Leonard M. Henkin for appellant.
Benjamin J. Pomerance for respondent.
The lien expired and was lost by the plaintiff's failure to comply with section 17 Lien 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.