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MATTER OF MR. WHITE, L.L.C. v. PINK SHIRT CONSTR., INC.

8754, 155915/17.

170 A.D.3d 550 (2019)

94 N.Y.S.3d 842

2019 NY Slip Op 02156

In the Matter of Mr. White, L.L.C., Respondent, v. Pink Shirt Construction, Inc., Appellant.

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

Decided March 21, 2019.

It was a provident exercise of the court's discretion to vacate and cancel respondent's mechanic's lien, because respondent failed to commence an action to enforce the lien, as prescribed by Lien Law § 59, the section under which this proceeding was commenced. Validity of the lien, and any dispute as to whether respondent completed the work required by the contract, were to be established at trial of that foreclosure action...

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