Legal Opinion

Lasa Corp. v. Sherwood

New York Supreme Court

Decided June 17, 1960Published

1Opinion of the CourtJ. Irwin Shapiro, J.

This is an application by the owner of a piece of property ‘1 for an order for the cancellation of the undertaking and discharging the surety on a bond given under order of this Court to discharge ” a mechanic’s lien.

The basis of the application is the failure of the lienor to commence an action to enforce said lien within 30 days after notice, as required by section 59 of the Lien Law. That section provides: “A mechanic’s lien notice of which has been filed on real property or a bond given to discharge the same may be vacated and cancelled or a deposit made to discharge a lien pursuant to…

2Cases cited2 opinions

  1. William H. Jackson Co. v. HavenAppellate Division of the Supreme Court of the State of New York · 1903
  2. Mechanic's Lien v. 333 State Corp.New York Supreme Court · 1939

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