BRUSCA v. MASCHINO


61 A.D.2d 973 (1978)

Theresa Brusca, Respondent, v. Robert Maschino, Doing Business as All Suffolk Painting & Decorating Company, Appellant

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

March 6, 1978


Appeal from the order entered June 2, 1977 dismissed, without costs or disbursements. No appeal lies from an order made on default. Order dated July 5, 1977 reversed, without costs or disbursements, and motion granted.

There is no inherent power in a court to discharge a mechanic's lien independent of statutory authority (Benton v Wickwire, 54 N.Y. 226; Madden v Lennon, 23 Misc. 79). On the record before it, Special Term had no statutory basis upon which...

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