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MTR. OF EMPRESS APTS. v. LA GEE CORP.

26 Misc.2d 852 (1960)

In the Matter of Empress Apartments, Inc., Petitioner, v. La Gee Contracting Corp., Respondent.

Supreme Court, Special Term, Kings County.

July 19, 1960

Attorney(s) appearing for the Case

Solomon Safter and Harold S. Kohn for petitioner. Harold Domnitch for respondent.

LEWIS W. OLLIFFE, J.

This is a motion pursuant to section 59 of the Lien Law to cancel a mechanic's lien upon the ground that no action to enforce the same had been commenced within 30 days from the date of service of a notice to commence an action, namely, July 1, 1960. The attorney for the lienor has sworn that he mailed a copy of the complaint to the attorneys representing the owner on June 30, 1960 and...

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