Poughkeepsie Iron & Metal Co. v. Ermco Erectors, Inc.

The contractor petitioner, by order to show Pause, seeks an order pursuant to subdivision 5 of section 76 of the Lien Law vacating the demand of Ermco Erectors, Inc., respondent lienor. The contractor contends that by perfecting a mechanics’ lien, the lienor has elected to pursue this remedy and is therefore precluded under article 3-A of the Lien Law in serving a demand for a verified statement.

The movant cites Hall v. Blumberg (26 A D 2d 64), in support of its contention and further claims that the lienor’s interests are fully protected by .the bond filed herein by the contractor. The…