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APOLLO CONSTR. & DEV. v. MAZZA

13 Misc.3d 1 (2006)

822 N.Y.S.2d 357

APOLLO CONSTRUCTION & DEVELOPMENT, INC., Appellant, v. MICHAEL MAZZA et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 5, 2006.

Attorney(s) appearing for the Case

Jerasimos Papapanayotou, Long Island City, for appellant.

Kapsalis Associates, P.C., Whitestone (John P. Kapsalis of counsel), for respondents.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action for breach of contract seeking to foreclose a mechanic's lien upon defendants' real property and for breach of contract, the court below properly granted defendants' motion to vacate the lien.

Lien Law § 59 provides:

"A mechanic's lien notice of which has been filed on real property or a bond given to...

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