New York Court of Appeals November 2, 1967 (Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.)

Breitel, J.

Plaintiff Dittmar Explosives, an unpaid materialman, appeals from dismissal, after a nonjury trial, of its action to foreclose a mechanic’s lien against the general contractor and its surety. The Appellate Division affirmed the dismissal by a divided court. (Plaintiff was awarded judgment for $9,218.23 against its insolvent vendee, a subcontractor.