Entenman v. Anderson

Citations

• 106 A.D. 149
• 94 N.Y.S. 45

Syllabus

<p>Mechanic's lien — sufficiency of a complaint in an action for its foreclosure.</p> <p>A complaint in an action to' foreclose a mechanic’s lien, which does not allege that the materials for which the lien was filed were furnished with the consent or at the request of the owner of the premises or of his agent, contractor or suh-contractor, and which does hot allege who was the owner of the premises at the time the materials were furnished or what relations existed between such owner and the person to whom the plaintiff furnished the materials, or that any of the parties to the action had any interest whatever in the premises at the time the materials were furnished, is demurrable.</p> <p>Merely describing the person to whom the materials were furnished as a contractor is not a sufficient averment to charge the owner or to indicate that the. materials were used pursuant to any contract with the owner.</p> <p>A defendant is entitled to a complaint which concisely states all of the facts upon which the plaintiff relies in order that the court may determine whether, assuming all the facts to he true, the complaint states a cause of action.</p> <p>While, the court will, on demurrer, construe 'the pleadings demurred to liberally, indulging in every inference warranted by fair and reasonable intendment, -it will not carry this indulgence into the realm of speculation.</p>