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MATTER OF CHESSID v. CIRILLA

15 A.D.2d 817 (1962)

In the Matter of Sigmund Chessid et al., Appellants, v. Dan Cirilla et al., Copartners Doing Business as C and B Contractors, Respondents

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

February 26, 1962

Order affirmed, with $10 costs and disbursements.

No opinion.

Christ, J., dissents and votes to reverse the order and to grant the application, with the following memorandum:

The subject property was discharged from the lien by an order of the court which was made upon the basis of the filing of an undertaking furnished by the petitioners (Lien Law, § 19). Section 59 of the Lien Law permits the service upon a lienor of a notice requiring...

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