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In re 478 Cherry St.

58 N.Y.S. 665 Court N.Y. Sup. Ct. Decision date 1899-06-17 English

Delivered by GLLDERSLEEVE, J.

Contents

Majority

p. 665
(27 Misc. Rep. 682.)
In re 478 CHERRY ST.
(Supreme Court, Special Term, New York County.
June 17, 1899.)

Headnote

Mechanic’s Lien—Discharge of Lien—Motion to Substitute Bond for Deposit.
Since the statutes contain no provision for the substitution of a bond in place of a deposit in court, made to discharge a mechanic’s lien, a motion for such substitution will be denied for want of jurisdiction.
Motion to substitute a bond for a deposit already paid into court for the discharge of a mechanic’s lien against No. 478 Cherry street.
Motion denied.
C. H. Fisher, for the 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 (Laws 1897, c. 418). He now 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. No costs.