Opinion
Decided May 8, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Thomas B. Galligan, J.
James G. Greilsheimer for appellants.
John I. Karesh for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 99 A.D.2d 428). Respondent Trane, as an unpaid subcontractor, has an unqualified right to a mechanic's lien upon the improved real property (Lien Law, § 3). Petitioners have failed to show a basis for discharge of that lien pursuant to section 19 of the Lien Law as the undertaking filed covers only the lien of the contractor Raisler Corporation.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.