The defendant brought a motion for summary judgment to dismiss a construction lien action and discharge the lien, arguing no contract existed with the plaintiff corporation.
Alternatively, she sought an order for the plaintiff to post security for costs due to its alleged impecuniosity.
The court dismissed the summary judgment motion, finding a genuine issue for trial regarding the existence of a contract between the plaintiff corporation and the defendant, and declined to void the contract despite the plaintiff's breach of the Business Names Act.
The motion for security for costs was also dismissed, as the plaintiff established impecuniosity and had a legitimate claim, balancing the defendant's right to costs with the plaintiff's access to justice.
