Legal Opinion
Mechanic's Lien v. 478 Cherry Street
New York Supreme Court
Decided June 15, 1899PublishedCited by 1 opinion
Motion to substitute a bond for money already paid into court for the discharge of a mechanic’s lien. The owner of the premises discharged the lien by depositing money in court. Subsequently he desired to use his money, and moved for leave to give a bond and take back Ms deposit.
1Opinion of the CourtGildersleeve, J.
The owner of ^ the property discharged a mechanic’s lien by the payment of money into court, in accordance with the provisions of the Lien Law (chap. 418, Laws of 1897).
He Mow. asks leave to substitute a bond in place of the money. The statute contains no provision for such a proceeding, and I am unable to find any precedent therefor. It seems to me that the court is without jurisdiction to -make the order asked for.
Motion denied. Ro costs.
2Cited by1 opinion
- In re Tumac Realty Corp.City of New York Municipal Court · 1952