Mechanic's Lien v. 333 State Corp.

This is a motion, pursuant to section 59 of the Lien Law, to cancel a mechanic’s hen upon the ground that no action to enforce the same had been commenced within thirty days from the date of service of a notice to commence an action, namely, May 4,1939. It appears from the uncontradicted affidavit in opposition that negotiations to settle the claim had been in progress for some time, and that on June 3, 1939, the summons and complaint herein and a lis pendens were duly filed in the county clerk’s office. It also appears that on June 14, 1939, the attorney for the lienor received a notice of…