In re Jory Construction Corp.

This is an application pursuant to subdivision (6) of section 19 of the Lien Law to vacate a notice of mechanic’s lien. The question here is as to whether or not the notice of lien was filed within the four months’ period. It is well settled that where a notice of lien is sufficient according to the face thereof and the recording data, the court may not, upon summary application, pass on disputed issues of fact, and, on resolving them in owner’s favor, discharge the lien. (See Matter of Miller, 133 N. Y. S. 2d 421 and cases cited.) Here, by the data appearing upon the notice of lien, it would…