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

  1. Kushaqua Estates, Inc. v. Bonded Concrete, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Bretzfelder v. Froman, New York County Courts1973
  3. Jericho Jewish Center v. HibnerNew York Supreme Court · 1960
  4. 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

  1. In re Eastchester Church, Inc.New York Supreme Court · 2014

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