NORTH AMER. CONTR. CO. v. 300 BROADWAY REALTY CORP.


35 Misc.2d 970 (1962)

North American Contracting Co., Inc., Plaintiff, v. 300 Broadway Realty Corp., Also Known as Inn Towne Motel, Inc., et al., Defendants.

Supreme Court, Special Term, Albany County.

May 1, 1962


Attorney(s) appearing for the Case

Bookstein, Zubres & D'Agostino (Stanley R. Bookstein of counsel), for 300 Broadway Realty Corp., defendant. Harvey M. Lifset and Elias Moubar for plaintiff.


LAWRENCE H. COOKE, J.

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...

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