Empress Apartments, Inc. v. La Gee Contracting Corp.

This is a motion pursuant to section 59 of the Lien Law to cancel a mechanic’s lien upon the ground that no action to enforce the same had been commenced within 30 days from the date of service of a notice to commence an action, namely, July 1, 1960. The attorney for the lienor has sworn that he mailed a copy of the complaint to the attorneys *853representing the owner on June 30,1960 and that he telephoned the attorneys for the plaintiff on July 1, 1960. The attorneys representing the owner admit a telephone call was received at their office on July 1, but claim the complaint was not received…