O'Brien v. New York Butchers' Dressed Meat Co.

54 Misc. 297, 105 N.Y.S. 950

Opinion

MacLean, J.

It having been held by the court of last resort “ that an action to foreclose a mechanic’s lien is a suit in equity ” (152 N. Y. 590), this court may not direct the trial by a referee of the issues herein which will require the examination of a long' account, and will not require the decision of difficult questions of law, for as announced in Prince Line, Lim. v. Seager (Mss.), “it is the rule in equitable actions that a trial of the main issue should first be had before the court.” But see 141 N. Y. 485, 488.

Ordered accordingly.