Opinion
October 25, 1993
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is affirmed, with costs.
We find that the respondent failed to commence an action to foreclose its mechanic's lien within one year after it was filed (see, Lien Law § 17). Because the lien had expired by operation of law, the Supreme Court properly granted the petitioner's application to vacate it and to cancel the undertaking. Mangano, P.J., Balletta, Rosenblatt and Ritter, JJ., concur. [As amended by order entered Dec. 1, 1993.]