Opinion
June 14, 1961
In an action to foreclose a mechanic's lien against premises owned by the defendant Lizza Sons, Inc., for materials furnished to defendant Merz, a contractor, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated January 4, 1960, as granted the motion of defendant Lizza Sons, Inc., and opened its default, vacated an inquest taken upon such default, and restored the action to the calendar for trial. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.