North American Contracting Co. v. 300 Broadway Realty Corp.

In this action for the foreclosure of a mechanic’s lien, defendant owner moves for the cancellation of the notice of pendency which has been filed. It appears that prior to the filing of said notice of pendency certain sums were deposited with the County Clerk, that the said Clerk noted that plaintiff’s lien was “ discharged by payment ” and that thereafter, pursuant to order, an approved bond was filed substituting same for the cash deposited. No issue is raised as to the validity of said deposit or undertaking.

Section 17 of the Lien Law, among other things, specifically applies to liens…