The defendants brought a motion to dismiss or permanently stay the plaintiff's construction lien action, arguing that the plaintiff failed to immediately disclose a settlement and assignment agreement with the original lien claimant, contrary to the rule in Handley Estate.
The court found that the settlement and assignment did not fundamentally alter the adversarial orientation of the litigation, as the assignee and the defendants were already adverse in interest and the original claimant's role in providing evidence did not constitute a reversal of its pleaded position.
The motion was dismissed.
