Majority
p. 776In the Matter of the Application of Zinbar Realty Co., Inc., Respondent, for an Order Discharging a Certain Mechanic’s Lien Filed by City Masons Supply Co., Inc., Appellant.[1] (Appeal No. 1.)
Order discharging mechanic’s lien upon the filing of an approved undertaking affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Hagarty and Seudder, JJ., concur; Lazansky, P. J., dissents upon the following ground: The lienor should not be compelled to invoke an estoppel against the surety company even though it be clear that it would be successful in that connection.