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NOCE v. KAUFMAN

286 A.D. 531 (1955)

Joseph Noce et al., as Copartners, under the Firm Name of Noce Bros., Respondents, v. Ephraim J. Kaufman et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 2, 1955.

Attorney(s) appearing for the Case

William MacFarlane for Ephraim J. Kauffman (sued herein as Ephraim J. Kaufman), appellant.

Joseph Feldman, Herbert M. Rosenberg, Irwin H. Rosenberg and Nathan H. Richman, in person, for Nathan H. Richman (sued herein as Nathan R. Richmond) and another, appellants.

Joseph R. Pilato for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

Per Curiam.

The complaint in this case purports to state two causes of action. On the trial there was a complete failure of proof of the second cause of action, which we consider to have been abandoned. The first cause of action was primarily for the foreclosure of a mechanic's lien and related relief. The lien was never extended by order. While an action to foreclose was commenced within one year after the lien was...

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