2006 New York Code - Vacating Of A Mechanic\'s Lien; Cancellation Of Bond; Return Of Deposit, By Order Of Court.

 
    §  59.  Vacating of a mechanic's lien; cancellation of bond; return of
  deposit, by order of court. A mechanic's lien notice of which  has  been
  filed  on  real  property  or  a bond given to discharge the same may be
  vacated and cancelled or a deposit made to discharge a lien pursuant  to
  section twenty may be returned, by an order of a court of record. Before
  such  order  shall be granted, a notice shall be served upon the lienor,
  either personally or by leaving it as his last known place of residence,
  with a person of suitable age, with directions  to  deliver  it  to  the
  lienor.  Such  notice  shall require the lienor to commence an action to
  enforce the lien, within a time specified in the notice, not  less  than
  thirty days from the time of service, or show cause at a special term of
  a  court  of  record,  or  at  a  county court, in a county in which the
  property is situated, at a time and place  specified  therein,  why  the
  notice  of  lien  filed  or  the  bond  given  should not be vacated and
  cancelled, or the deposit returned, as the case may be.  Proof  of  such
  service  and  that  the lienor has not commenced the action to foreclose
  such lien, as directed in the notice, shall be made by affidavit, at the
  time of applying for such order.