The defendant's successor sought to continue the proceeding with itself as defendant, declare the plaintiff's construction lien expired, pay out security, and dismiss the action for delay.
The plaintiff cross-moved to restore the action to the trial list.
The court found the lien expired due to untimely preservation and ordered the security returned to the defendant.
However, the court refused to dismiss the action for delay, finding the defendant's complaint unreasonable given its own default.
The action was restored to the trial list as an ordinary contract claim, and the prior noting in default of the original defendant was set aside, allowing the successor to defend.
