The defendants moved to discharge a construction lien, arguing the plaintiff contractor abandoned the contract more than 60 days before registering the lien.
The court agreed, finding the plaintiff ceased work and demanded payment before returning, constituting abandonment.
The lien was discharged, and the action was ordered to continue as an ordinary action.
The court also ordered the plaintiff to post $27,500 in security for costs, as it failed to prove impecuniosity.
The plaintiff's cross-motion for leave to maintain the action under the Business Names Act was granted, but its motion to strike the defendants' counterclaim for breach of trust and oppression was dismissed.
