MATTER OF CHRISTENSEN v. MARTAKIS


8 A.D.2d 932 (1959)

In the Matter of Chris B. Christensen et al., Doing Business as Christensen & Nielsen, Respondents, v. George Martakis, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 18, 1959


Order reversed, without costs, and application denied, without prejudice to the right of the respondents to raise the question of the timeliness of filing the second notice of lien upon the trial of any action brought to foreclose the lien.

Memorandum:

The subcontractor appellant had the right to file a second notice of lien after the first had been discharged for failure to commence an action within the appropriate time, providing that the second notice was...

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