29-32 LLC v. Neptune Contracting & Environmental, Inc.

In a proceeding pursuant to Lien Law § 38, the petitioner appeals from an order of the Supreme Court, Queens County (Satterfield, J.), entered October 8, 2009, which denied its motion to cancel the mechanic’s lien.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petitioner’s motion to cancel the subject mechanic’s lien (see Lien Law § 38; see generally J. Sackaris & Sons, Inc. v Terra Firma Constr. Mgt. & Gen. Contr., LLC, 14 AD3d 538, 541 [2005]). Here, as noted by the Supreme Court, there is an action currently pending in…