The following numbered papers were read on this motion: Submitted by Plaintiff (Petitioner): NYSCEF Doc No. 1: Summons NYSCEF Doc No. 2: Verified Complaint NYSCEF Doc No. 3: Affidavit of George Figliolia NYSCEF Doc No. 4: Exhibit A — Notice of Mechanic’s Lien, Correspondence NYSCEF Doc No. 5: Exhibit B — Bond NYSCEF Doc No. 6: G-Builders/F-Int. LLC’s Memorandum of Law in Support of Motion to Discharge Mechanic’s Lien and Release Bond NYSCEF Doc No. 9: Affirmation of Yonit A. Caplow, Esq. in Support of Motion to Discharge Mechanic’s Lien and Release Bond NYSCEF Doc No. 11: Affidavit of Service Submitted by Court: NYSCEF Doc No. 10: Order to Show Cause Commencing Motion to Vacate and Discharge Mechanic’s Lien Submitted by Defendant (Respondent): NYSCEF Doc. No. 12: Notice of Cross-Motion to Dismiss Complaint NYSCEF Doc. No. 13: Memorandum of Law in Opposition to Motion to Discharge Mechanic’s Lien and Release Bond and in Support of Cross-Motion to Dismiss Complaint DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record from counsel for all parties, the within motion is determined as follows. I. Background Plaintiff G-Builders/F-Int. LLC (hereinafter “G-Builders”) is a general contractor. Defendant Reliable Plumbing NYC Corp. (hereinafter “Reliable Plumbing”) was, under a private improvement contract with G-Builders, a subcontractor retained to perform plumbing and sprinkler work in the amount of $136,500 on the property located at 55 Water St, borough of Brooklyn. Reliable Plumbing allegedly abandoned the project prior to completing the work, despite being paid approximately $50,000, according to G-Builders. Reliable Plumbing subsequently filed a notice of mechanic’s lien in the amount of $86,370. (See NYSCEF Doc No. 2
1-7; NYSCEF Doc No. 5.) In an effort to protect the owners of the real property, G-Builders paid for a bond to satisfy the lien (see NYSCEF Doc No. 2
