Motion-Secondary: Michelle Perepiczka v. Golden Renovations, Inc.

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                                SUPREME COURT OF THE STATE OF NEW YORK                                           At I.A.S. Part _____
                       COUNTY OF NEW YORK                                                               of the Supreme Court
                                                                                                        of the State of New
                       PRESENT: HON. _________________________________                                  York, held in and for
                                                  Justice of the Supreme Court                          the County of New
                                                                                                        at the Courthouse
                                                                                                        thereof, 60 Centre St.,
                                                                                                        New York, N.Y., on
                                                                                                        the ___ day of
                                                                                                        ____________, 2017
                       ________________________________________________
                                                                                               )
                       In the Matter of the Application of                                     )
                       MICHELLE PEREPICZKA requiring                                           )  Index No.
                       GOLDEN RENOVATIONS, INC., Lienor,                                       )
                       to show cause                                                           )  ORDER TO SHOW
                       why the Notice of Lien should not                                       )  CAUSE IN CIVIL
                       be vacated and cancelled of record                                      )  ACTION
                       as prescribed by § 59 of the Lien Law.                                  )
                                                                                               )
                       _______                                                                 )


                                Upon reading and filing the Petition, filed the 9th day of January, 2017, and the

                       Affirmation in support of Josh Bernstein, sworn to the 9th day of January, 2017, and the

                       exhibits attached thereto, namely: 1. The Notice to Commence Action pursuant to Lien

                       Law § 59; 2. The Affidavit of Service of the Notice to Commence Action Pursuant to

                       Lien Law § 59 and; 3. The Affirmation of Josh Bernstein in Support;

                                Let the party or attorney in opposition show cause at I.A.S. Part _______,

                       Room ______, of this Court, to be held at the Courthouse, 60 Centre Street, New York,

                       N.Y., on the ______ day of ______________, 2017, at ______ o’clock in the _____noon

                       or as soon as the parties to this proceeding may be heard why an order should not be

                       issued, providing the following relief: Vacating and Cancelling the Notice of Lien of

                       Record on Block 1163, Lot 6, also known as 267 West 71st Street, New York, N.Y., and
                       directing the County Clerk to issue payment to Michelle Perepiczka in the amount of ten

                       thousand six hundred thirty-five dollars and sixty-four cents ($10,635.64) plus interest, as

                       repayment of the amount deposited by Michelle Perepiczka on June 16, 2015 to discharge

                       said lien Pursuant to Lien Law § 20, and such other and further relief as may to the court

                       seem just and proper, for the reasons that:

                                Lienor Golden Renovations, Inc., was served with the Notice to Commence

                       Action pursuant to Lien Law § 59 on the 8th day of September, 2016, and has failed to

                       commence an action to enforce the lien filed by Golden Renovations, Inc., on Block

                       1163, Lot 6, within thirty (30) days of service of said Notice, nor at any time to date.

                                Sufficient cause appearing therefor, let personal service of a copy of this order,

                       the affidavit in support, and all other papers upon which this order is granted upon the

                       attorneys for all parties and all unrepresented parties who have appeared in this action on

                       or before the _____ day of ______________, 2017 be deemed good and sufficient. An

                       Affidavit or other proof of service shall be presented to this Court on the Return date

                       fixed above.




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                                                                                                        J. S. C.