Legal Opinion
Murphy Construction Corp. v. Morrissey
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 1990PublishedCited by 11 opinions
1Opinion of the CourtMercure, J.
Appeal from that part of an order of the Supreme Court (Cheeseman, J.), entered November 17, 1989 in Albany County, which required defendants to post a surety bond to obtain a discharge of a lien filed by plaintiff.
Following joinder of issue and discovery in this action to foreclose a mechanic’s lien, defendants moved for an order canceling the notice of lien, alleging that plaintiff served a copy of its notice of lien upon defendants by certified mail more than 30 days after filing and that plaintiff never filed *878proof of such service with the County Clerk. Supreme Court granted the motion…
2Cases cited2 opinions
- People v. SchonfeldNew York Court of Appeals · 1989
- Paolangeli v. SoppNew York Supreme Court · 1989
3Cited by11 opinions
- Podolsky v. Narnoc Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- 146 West 45th Street Corp. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1992
- HMB Acquisition Corp. v. F&K Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Connecticut Street Development Corp. v. Garber Building Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- PKS Development Co. v. Kahn Lumber & Millwork Co.Appellate Division of the Supreme Court of the State of New York · 1992
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