In re Sperry

Order modified by providing that the lien be canceled unless the lienor-respondent shall, within ten days, serve upon the owners a properly itemized statement in accord with the memorandum, and as modified affirmed, without costs of this appeal to either party. Memorandum: Appellants challenge the correctness of two orders made at Special Term on March 11, 1938, one denying their application for an order canceling and setting aside a mechanic’s lien for failure of the lienor-respondent to furnish an itemized statement pursuant to section 38 of the Lien Law, and the other denying appellants’…