¶1The question in this case is whether a person who has filed a mechanic's lien, and is made a party defendant to an action brought by another lienor to foreclose, must file a notice of pendency of action in order to continue his lien. Chapter 342, Laws 1885, § 6. Our general term has held that he need not, (5 N. Y. Supp. 918,) and we are requested to permit an appeal to the court of appeals. As the act is general, and there may be a difference of opinion in the state on the question, I am in favor of facilitating its settlement by the court of last resort. All concur.
7 N.Y.S. 600
McAllister v. Case
New York Court of Common Pleas
Decided December 2, 1889
New York Court of Common Pleas · decided 1889-12-02
<p>Appealable Orders.</p> <p>An appeal will be granted to the court of appeals from a decision of the general term of the common pleas that a person who has filed a mechanic’s lien under Laws N. Y. 1885, c. 348, § 6, and is made a party defendant to a foreclosure suit by another lienholder, need not file a lis pendens in order to continue his lien, as the act is general and the question may be controverted.</p>
Decided 1889-12-02