In re Zinbar Realty Co. , 234 A.D. 776 ( 1931 )

Order discharging mechanic’s lien upon the filing of an approved undertaking affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Hagarty and Seudder, JJ., concur; Lazansky, P. J., dissents upon the following ground: The lienor should not be compelled to invoke an estoppel against the surety company even though it be clear that it would be successful in that connection.