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MATTER OF SCHIAVONE CONSTR. CO., INC.

181 A.D.2d 580 (1992)

In the Matter of Schiavone Construction Co., Inc., and Daidone Electric of N. Y., Inc., a Joint Venture, Appellant. Fischer & Porter Company, Respondent

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

March 24, 1992

The IAS court did not abuse its discretion in denying petitioner's application as premature, since, in compliance with the statute, respondent presented a valid reason why the lien should not be vacated and cancelled, namely, that the amounts subject to the lien were not yet due and payable, and, although the statute permitted the lien to be filed before payment was due, it could not be foreclosed before that date (Matter of...

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