New York Supreme Court, 1899

Mechanic's Lien v. 478 Cherry Street

Mechanic's Lien v. 478 Cherry Street
New York Supreme Court · Decided June 15, 1899 · Gildersleeve
27 Misc. 682; 58 N.Y.S. 665

Counsel

C. H. Fisher, for motion., E. C. Baldwin, opposed.

Mechanic's Lien v. 478 Cherry Street

Opinion of the Court

Gildersleeve, J.

The owner of ^ the property discharged a mechanic’s lien by the payment of money into court, in accordance with the provisions of the Lien Law (chap. 418, Laws of 1897).

He Mow. asks leave to substitute a bond in place of the money. The statute contains no provision for such a proceeding, and I am unable to find any precedent therefor. It seems to me that the court is without jurisdiction to -make the order asked for.

Motion denied. Ro costs.

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