Appellate Division of the Supreme Court of the State of New York July 6, 1972 (Atlantic Tug & Equipment Co. v. S & L Paving Corp.)

Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum; Plaintiff appeals from the portion of a judgment which dismissed on the merits its action to foreclose a lien for the unpaid amount of the agreed rental of an earthboring machine.