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255 A.D. 444

Malafsky v. Becker

Appellate Division of the Supreme Court of the State of New York · decided 1938-12-02

Decided 1938-12-02

Per Curiam.

¶1After the respondent herein had filed his notice of lien he did not, within one year, commence an action to foreclose the lien, secure an order continuing the lien, or become a party defendant in an action to enforce another hen. Accordingly, his lien expired under the terms of the applicable statutes. (Lien Law, §§ 17, 19.)

¶2The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion granted.

¶3Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

¶4Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted. Settle order on notice.

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