Miller v. T.A. & J.M. General Contractors, Inc.

OPINION OF THE COURT

Gerald Adler, J.

This is an application by Morris Miller, owner of certain property for an order vacating and canceling a mechanic’s lien for failure of the lienor to commence an action to foreclose pursuant to section 59 of the Lien Law.

The lien in question for $77,560 was filed on December 13, 1983 in Kings County. On March 2, 1984, applicant personally served on the lienor a notice requiring it to commence an action to foreclose the lien within 30 days pursuant to section 59 of the Lien Law, or show cause at Special Term, Part I, why the lien should not be vacated. On…