
    Michael J. O’Brien, Plaintiff, v. The New York Butchers’ Dressed Meat Company, The Vilter Manufacturing Company and Francis M. Maddon, Defendants.
    (Supreme Court, New York Special Term,
    May, 1907.)
    Mechanics’ liens — Foreclosure: Extent and nature of right in general — A suit in equity: Hearing — In general—Court must determine main issues before reference as to account.
    Reference — Questions and actions compulsorily referable — Referability of actions in equity — Involving long accounts.
    An action to foreclose a mechanic’s lien is a suit in equity and the main issues must be tried by the court before a reference is ordered for the examination of a long account.
    Action to foreclose a mechanic’s lien.
    Phillips & Samuels, for plaintiff.
    Isaac Fromme, for New York Butchers’ Dressed Meat Company.
    
      Creevey & Rogers, for The Vilter Mfg. Company.
    No appearance for defendant Madden.
   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.  