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MATTER OF PIOUS SOC'Y OF ST. PAUL, INC. v. GOLDHABER

35 A.D.2d 674 (1970)

In the Matter of Pious Society of St. Paul, Inc., Respondent, v. Max M. Goldhaber, Trustee in Bankruptcy for Thomas J. Hughes Construction Co., Inc., Appellant

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

September 28, 1970

It appears from the record that the lien involved expired on July 1, 1970 (Lien Law, § 17). While the stay in the bankruptcy proceeding may have barred the owner from attacking the lien in the State court without permission of the bankruptcy court (cf. Matter of Union Hill Cash & Carry Lbr. Co. v. Lesco, 21 A.D.2d 738), it did not relieve the trustee of the responsibility to keep the lien alive (Matter of Gabler,...

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