Perini v. Schmyg ( 1898 )

Per Curiam.

The owner having discharged the lien by deposit with the county clerk, no order for its continuance Was necessary in order to support a foreclosure action instituted after the expiration of a year from the date of filing the lien. Hafker v. Henry, 5 App. Div. 258. The judgment also was not so erroneous in form as to call for a reversal. Egan v. Laemmle, 5 Misc. Rep. 244. .

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ.

Judgment affirmed, with costs.