Yeshiva Rabbi Dov Revel of Forest Hills, Inc. v. Nonpareil Concrete Co.

The owner of a parcel of real estate against which a mechanic’s lien was filed moves to discharge the notice thereof for the reason that the lienor has allegedly failed to comply with the provisions of section 10 of the Lien Law, in failing to file the notice of mechanic’s lien within four months of the completion of the work and the furnishing of materials involved.

The lienor opposes upon the ground that there is no authority for this summary application to discharge the notice of lien unless the defect appears upon the face thereof and that such defect does not so appear since the notice of…