In an action for the foreclosure of a mechanic's lien, judgment of the County Court, Nassau County, in favor of plaintiff reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. In the light of the conceded defaults of the builder and his inability to make them good, the owner of the land was entitled to sell the plot. The status of plaintiff's assignor at no time was that of a contractor within the meaning of the Lien Law. He was entitled to the proceeds of the sale, if any, after deduction therefrom of the value of the land, the amount of his defaults, the cost of putting the property in a saleable condition and other proper charges. Findings of fact and conclusions of law inconsistent herewith are reversed and disallowed and new findings and conclusions will be made. Settle order on notice within ten days from the date of this decision. Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ., concur.