In re Stephen Manor Homes, Inc.

Motion to cancel an undertaking executed for the discharge of a notice of mechanic’s lien which had been filed in Nassau County. The moving party herein commenced an action against the lienor for breach of contract in Queens County Supreme Court. The lienor counterclaimed for foreclosure of the lien and as is usual where the lien is bonded, did not seek a sale of the property but requested relief against the surety. The moving party now contends that the lien must be cancelled on the ground that the Supreme Court in Queens County does *722not have jurisdiction to foreclose a mechanic’s lien filed…