MTR MILLER v. T.A. & J.M. CONTRS.


124 Misc.2d 273 (1984)

In the Matter of Morris Miller et al., Owners, v. T.A. & J.M. General Contractors, Inc., Lienor.

Supreme Court, Special Term, Kings County.

May 10, 1984


Attorney(s) appearing for the Case

Cohen & Bauman & Goldman for owners.


GERALD ADLER, J.

This is an application by Morris Miller, owner of certain property for an order vacating and canceling a mechanic's lien for failure of the lienor to commence an action to foreclose pursuant to section 59 of the Lien Law.

The lien in question for $77,560 was filed on December 13, 1983 in Kings County. On March 2, 1984, applicant personally served on the lienor a notice requiring it to commence an action to foreclose the lien within...

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