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Mechanic's Lien Vacated & Lien Discharge Bond Cancelled For Failure to Prosecute

On November 2, 2017,  Manhattan Supreme Court Justice Kalish granted Petitioner co-op shareholder's application by Order To Show Cause to vacate and discharge a mechanic's lien filed by respondent subcontractor.  The original lien was filed on May, 26, 2015 and extended on May 11, 2016 for one year.  However, respondent failed to timely commence an action to foreclose on the lien (or to apply to the Court by the expiration of the extended lien for an order further extending the lien).  

We filed a Verified Petition, supporting Affirmation and exhibits and proof of service of the Order To Show Cause.  Mr. Supcoff appeared on October 31, 2017 for oral argument on the order to show cause.

In addition to canceling the lien and discharging the bond, the Court ordered the surety to return to petitioner collateral monies posted to secure the lien discharge bond.

Application of Eric Stern v. W.J. Smith Construction Corp., Index No. 157673/2017 (Manhattan Supreme Court), NYSCEF Doc No. 8. 

If you are a NYC co-op, condo or home owner served with a mechanic's lien filed against your property, we may be able to help you.  Or perhaps you would just like to read the decision? Use the online form on our contact page to get in touch. 

Marc Supcoff