In re Selwyn Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by Selwyn Realty Corporation from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1918, denying its application to have a notice of lien vacated and canceled of record.
1Opinion of the Court
Clarke, P. J.:
This application was made under section 59 of the Lien Law (Consol. Laws, chap. 33; Laws of 1909, chap. 38): “A mechanic’s lien on real property may be vacated and canceled by an order of a court of record. Before such order shall be granted, a notice shall be served upon the lienor, either personally or by leaving it at his last known place of residence, with a person of suitable age, with directions to deliver it to the lienor. Such notice shall require the lienor to commence an action to enforce the lien, within a time specified in the notice, not less than thirty days from…
2Cases cited7 opinions
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Hayden v. . PierceNew York Court of Appeals · 1895
- Conolly v. . HyamsNew York Court of Appeals · 1903
- Hammond v. ShepardNew York Supreme Court · 1888
- William H. Jackson Co. v. HavenAppellate Division of the Supreme Court of the State of New York · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kerr v. St. Luke's HospitalNew York Supreme Court · 1940
- Worldwide Carriers Ltd. v. Aris Steamship Co.District Court, S.D. New York · 1970
- Art-Tex Petroleum, Inc. v. New York State Department of Audit & ControlNew York Court of Appeals · 1999
- Irons v. Michigan-Atlantic Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- New York Life Insurance v. DicklerNew York Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.