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  5. 138 A.D.2d 241 (1988)
 

S A F LA SALA CORP. v. S & H 88TH ST. ASSOCS.

138 A.D.2d 241 (1988)

S a F La Sala Corp., Appellant, v. S & H 88th Street Associates et al., Respondents, et al., Defendants

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

March 3, 1988

It was error and a clear abuse of discretion to provide in the settled order for the cancellation of the undertaking to discharge a notice of mechanic's lien and to discharge the partnership defendant and its surety of any liability thereon. While the partnership defendant had earlier, on January 30, 1987, served plaintiff with a notice pursuant to Lien Law § 59 demanding that it commence an action to foreclose the lien on...

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