S A F La Sala Corp. v. S & H 88th Street Associates

Order, Supreme Court, New York County (Alvin F. Klein, J.), entered September 3, 1987, which, inter alia, vacated and canceled an undertaking to discharge a notice of mechanic’s lien filed by plaintiff and discharged defendant S & H 88th Street Associates and its surety of all liability on the undertaking, unanimously reversed, to the extent appealed from, on the law and on the facts and in the exercise of discretion, with costs and disbursements, and the lien undertaking reinstated.

It was error and a clear abuse of discretion to provide in the settled order for the cancellation of the…