SMITH BROS. PLUMBING CO. v. ENGINE AIR SERVICE

In an action to foreclose a mechanic's lien, respondent was made a party defendant because the official record showed the existence of an equitable lien in his favor created by agreement. The respondent cross-complained against appellant, owner of the real property, to impress and foreclose his equitable lien. The claims of the plaintiff and all other mechanic lienors were settled; and the County Court, Nassau County, tried the issues presented by respondent's action on the equitable lien. Judgment entered in favor of respondent reversed on the facts, with costs, and judgment directed in favor of appellant, with costs. Informal findings reversed. The County Court had jurisdiction to try respondent's claim (Civ. Prac. Act, § 69). The facts established that respondent did not fully perform the employment agreement, in that the commitment procured was not unconditional and was not in accordance with the mortgage loan described in the employment agreement. Johnston, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.