Majority
p. 682Matter of Mechanic's Lien against 478 Cherry Street, New York City. (Supreme Court, New York Special Term, June, 1899.)
Headnote
Mechanic’s lien If the owner discharges it by a deposit, he cannot thereafter substitute a bond.Where the owner of the fee discharges a mechanic’s lien, which has been filed against his property, by depositing money in court under chapter 418 of the Laws of 1897, the court is without jurisdiction to permit him subsequently to withdraw the money and substitute therefor a bond.
Motion to substitute a bond for money already paid into court for the discharge of a mechanic’s lien. The owner of the premises discharged the lien by depositing money in court. Subsequently he desired to use his money, and moved for leave to give a bond and take back Ms deposit.
C. H. Fisher, for motion.
E. C. Baldwin, opposed.
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.