Cooper v. Emmanuele

Order unanimously reversed, with costs and motion granted. Memorandum: The order appealed from which denied the application to vacate a former order of the court dated November 17, 1964, which directed payment to Emmanuele, the lienor, of the funds deposited to discharge the mechanic’s lien should be reversed, and such former order should be vacated. Apparently the former order was granted under the mistaken impression that payment into court to discharge a mechanic’s lien constituted payment to the lienor. This impression was erroneous. The payment merely substituted the funds for the real…