Opinion
November 22, 1948.
Appeal from an order denying application to vacate a written demand for a statement of receipts and disbursements, etc., served by a carpentry contractor upon the owner of an improvement to real property under subdivisions (4) and (5) of section 36-d Lien of the Lien Law. Order affirmed, with $10 costs and disbursements. There appears to be no authority for the making of a motion to vacate the demand, such as the one here made, particularly since no action or proceeding is at present pending. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.