Legal Opinion
Kamco Supply Corp. v. JMT Bros. Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 2012PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered June 22, 2009, which, to the extent appealed from, granted defendant owner’s motion for summary judgment dismissing plaintiff subcontractor’s claim seeking foreclosure on its mechanic’s lien for materials furnished for a home improvement project, unanimously affirmed, without costs.
Defendant owner had the initial burden on summary judgment of establishing prima facie that at the time the lien was filed, it owed no payment to the general contractor (Penava Mech. Corp. v Afgo Mech. Servs., Inc., 71 AD3d 493, 495 [1st Dept…
2Cases cited6 opinions
- B & F Building Corp. v. LiebigNew York Court of Appeals · 1990
- Mortise v. 55 Liberty Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Blake Electric Contracting Co. v. PaschallAppellate Division of the Supreme Court of the State of New York · 1995
- Mortise v. 55 Liberty Owners Corp.New York Court of Appeals · 1984
- Penava Mechanical Corp. v. Afgo Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- Alpine Custom Floors, Inc. v. YurcisinAppellate Division of the Supreme Court of the State of New York · 2022
- Alpine Custom Floors, Inc. v. YurcisinAppellate Division of the Supreme Court of the State of New York · 2022
- KSP Constr., LLC v. LV Prop. Two, LLCAppellate Division of the Supreme Court of the State of New York · 2024