Legal Opinion
Jericho Jewish Center v. Hibner
New York Supreme Court
Decided December 6, 1960PublishedCited by 3 opinions
1Opinion of the CourtFrank A. Gnlotta, J.
This is an application by the owner of land for an order canceling an undertaking which it caused to be filed heretofore in order to discharge a mechanic’s lien wherein there has been no appearance by the lienor.
The lien for $5,454.50 was filed October 30, 1959. It was discharged by an undertaking for $5,800 filed November 18, 1959. It has not been renewed within one year from the date of filing and accordingly it has ceased to be a valid lien. (Lien Law, § 19, subd. 2.)
Applicant has treated this as though it were a motion made in a pending action and accordingly has served the attorney who…
2Cases cited5 opinions
- In re CallahanAppellate Division of the Supreme Court of the State of New York · 1941
- Martens v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1909
- Malafsky v. BeckerAppellate Division of the Supreme Court of the State of New York · 1938
- Matter of CallahanNew York Court of Appeals · 1942
- In re RudigerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Bretzfelder v. Froman, New York County Courts1973
- Empress Gardens, Inc. v. Smith-Town Water Co.New York Supreme Court · 1963
- Apollo Construction & Development, Inc. v. MazzaAppellate Terms of the Supreme Court of New York · 2006