In re Thornton Apartment Co.

The owner of property against which a mechanic’s lien was filed and to discharge which lien the owner gave a surety company’s bond now moves to cancel the bond claiming that, as the lienor has neither sued within the year subsequent to the filing of the lien .nor obtained an extension thereof, the liability on the bond has terminated and the surety is entitled to be released from its obligation. The lienor opposes, not upon the facts, but upon the law, asserting that, in the absence of an express provision in the Lien Law for the granting of the relief sought, the motion should be denied.

Under…