O'Neill v. Seglin Construction Co.

Untermyer, J. (dissenting in part).

Notwithstanding the decision to the contrary in Werra Aluminum Foundry Co. v. Levine (246 App. Div. 733; decided December 6, 1935), I am of opinion that the forty-five liens which came into existence on November 18, 1933, had lapsed at the time of the commencement of this action against Seglin Construction Company and its surety, Standard Accident Insurance Company. In the absence of an order continuing these liens, it was essential that an action to enforce them be commenced within three months, or before February 18, 1934 (Lien Law, section 18, as it…