VIBAR CONSTRUCTION CORP., ap, v. FAWN BUILDERS, INC. res

MATTER OF VIBAR CONSTRUCTION CORP., ap, v. FAWN BUILDERS, INC. res — (PROCEEDING NO. 2) (INDEX NOS. 18924/10, 21632/10)In a proceeding pursuant to Lien Law §19(6), in effect, to summarily discharge a mechanic's lien (Proceeding No. 1), and a related proceeding pursuant to Lien Law §12-a(2) to amend the notice of the subject lien dated March 23, 2010, nunc pro tunc, inter alia, to correct the name of the owner of the subject premises and to reflect that the lienor is named Vibar Construction Corp., instead of Vibar Construction, Inc. (Proceeding No. 2), Vibar Construction Corp., named in Proceeding No. 1 as Vibar Construction, Inc., appeals from (1) an order of the Supreme Court, Westchester County (Colabella, J.), entered September 8, 2011, in Proceeding No. 1, which granted that branch of the petitioner's motion which was for leave to reargue the petition in Proceeding No. 1, and, upon reargument, inter alia, granted the petition and discharged the mechanic's lien, and (2) an order of the same court in Proceeding No. 2, also entered September 8, 2011, which granted that branch of the motion of Fawn Builders, Inc., and Delilah Rigano which was for leave to reargue the petition in Proceeding No. 2, and, upon reargument, denied that petition.

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MATTER OF VIBAR CONSTRUCTION CORP., ap, v. FAWN BUILDERS, INC. res — (PROCEEDING NO. 2) (INDEX NOS. 18924/10, 21632/10)In a proceeding pursuant to Lien Law §19(6), in effect, to summarily discharge a mechanic’s lien (Proceeding No. 1), and a related proceeding pursuant to Lien Law §12-a(2) to amend the notice of the subject lien dated March 23, 2010, nunc pro tunc, inter alia, to correct the name of the owner of the subject premises and to reflect that the lienor is named Vibar Construction Corp., instead of Vibar Construction, Inc. (Proceeding No. 2), Vibar Construction Corp., named in Proceeding No. 1 as Vibar Construction, Inc., appeals from (1) an order of the Supreme Court, Westchester County (Colabella, J.), entered September 8, 2011, in Proceeding No. 1, which granted that branch of the petitioner’s motion which was for leave to reargue the petition in Proceeding No. 1, and, upon reargument, inter alia, granted the petition and discharged the mechanic’s lien, and (2) an order of the same court in Proceeding No. 2, also entered September 8, 2011, which granted that branch of the motion of Fawn Builders, Inc., and Delilah Rigano which was for leave to reargue the petition in Proceeding No. 2, and, upon reargument, denied that petition.

ORDERED that the orders are affirmed, with one bill of costs.

VIBAR CONSTRUCTION CORP., ap, v. FAWN BUILDERS, INC. res

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