§ 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.