N.Y. Lien Law § 59: Vacating of a mechanic's lien; cancellation of bond; return of deposit, by order of court

§ 59. Vacating of a mechanic's lien; cancellation of bond; return of

deposit, by order of court. A mechanic's lien notice of which has been

filed on real property or a bond given to discharge the same may be

vacated and cancelled or a deposit made to discharge a lien pursuant to

section twenty may be returned, by an order of a court of record. Before

such order shall be granted, a notice shall be served upon the lienor,

either personally or by leaving it as his last known place of residence,

with a person of suitable age, with directions to deliver it to the

lienor. Such notice shall require the lienor to commence an action to

enforce the lien, within a time specified in the notice, not less than

thirty days from the time of service, or show cause at a special term of

a court of record, or at a county court, in a county in which the

property is situated, at a time and place specified therein, why the

notice of lien filed or the bond given should not be vacated and

cancelled, or the deposit returned, as the case may be. Proof of such

service and that the lienor has not commenced the action to foreclose

such lien, as directed in the notice, shall be made by affidavit, at the

time of applying for such order.