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MTR. DEPT. HEALTH v. E. MINSTER REALTY

53 Misc.2d 957 (1967)

In the Matter of Department of Health of the City of New York, Petitioner, v. East Minster Realty Corp., Respondent.

Supreme Court, Special Term, New York County.

April 18, 1967

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Renee Modry of counsel), for petitioner. Isidore Sohn for respondent.

CHARLES MARKS, J.

This is an application pursuant to section 59 of the Lien Law for the return of a deposit made to discharge a lien. The Department of Health of the City of New York filed a notice of lien for labor alleged to have been performed in the maintenance and repair of plumbing, heating, lighting and sewage disposal facilities claimed to be necessary to abate a public nuisance, and on November 17, 1966 the said lien was discharged by the deposit...

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