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FIRST SEALORD SURETY, INC. v. VESTA 24 LLC

55 A.D.3d 423 (2008)

866 N.Y.S.2d 63

FIRST SEALORD SURETY, INC., Appellant, v. VESTA 24 LLC et al., Respondents, et al., Defendants.

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

October 23, 2008.

Plaintiff filed a mechanic's lien on April 4, 2006 and commenced an action on that lien on May 11, 2006. After learning that service of the lien was not compliant with Lien Law § 11-b, plaintiff discontinued the action on May 30, 2006 and filed a release of the lien on June 23, 2006. Meanwhile, on May 22, 2006, plaintiff filed a second lien, differing from the April 4 lien only in that it covered 10 lots instead of 13, and, on May 24, commenced the instant action, which...

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