In the Matter of the Application of Robert R. Switzky, Doing Business under the Firm Name and Style of Switzky & Co., Respondent, to Cancel and Discharge an Undertaking Made and Executed by Robert R. Switzky, as Principal, and Continental Casualty Company, as Surety, Which Bond Was Furnished to Discharge a Mechanic's Lien Filed by Morris Demolition Corporation, Appellant, etc., Affecting Premises Situated on the Southeast Corner of Thirty-sixth Street and Eighth Avenue, Being One Hundred Feet on Thirty-sixth Street and Twenty-five Feet on Eighth Avenue, Front and Rear, and Known as No. 516 Eighth Avenue, Borough of Manhattan, City of New York

In the Matter of the Application of Robert R. Switzky, Doing Business under the Firm Name and Style of Switzky & Co., Respondent, to Cancel and Discharge an Undertaking Made and Executed by Robert R. Switzky, as Principal, and Continental Casualty Company, as Surety, Which Bond Was Furnished to Discharge a Mechanic’s Lien Filed by Morris Demolition Corporation, Appellant, etc., Affecting Premises Situated on the Southeast Corner of Thirty-sixth Street and Eighth Avenue, Being One Hundred Feet on Thirty-sixth Street and Twenty-five Feet on Eighth Avenue, Front and Rear, and Known as No. 516 Eighth Avenue, Borough of Manhattan, City of New York. [MAJORITY] Order reversed, with twenty dollars costs and disbursements, and motion denied, with ten dollars costs. (See Goldberger-Raabin, Inc., v. 74 Second Avenue Corp., 252 N. Y. 336.) Settle order on notice. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.