Legal Opinion
Apollo Construction & Development, Inc. v. Mazza
Appellate Terms of the Supreme Court of New York
Decided June 5, 2006PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed without costs.
In this action for breach of contract seeking to foreclose a mechanic’s lien upon defendants’ real property and for breach of contract, the court below properly granted defendants’ motion to vacate the lien.
Lien Law § 59 provides:
“A mechanic’s lien notice of which has been filed on real property or a bond given to discharge the same may be vacated and cancelled or a deposit made to discharge a lien pursuant to section twenty may be returned, by an order of a court of record. Before such order shall be granted, a notice shall be…
2Cases cited4 opinions
- Kushaqua Estates, Inc. v. Bonded Concrete, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Bretzfelder v. Froman, New York County Courts1973
- Jericho Jewish Center v. HibnerNew York Supreme Court · 1960
- S A F La Sala Corp. v. S & H 88th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- In re Eastchester Church, Inc.New York Supreme Court · 2014