Legal Opinion
Gorton v. George A. Nole & Sons, Inc.
Court of Appeals for the Second Circuit
Decided December 30, 1985No. 500, Docket 85-5016PublishedCited by 3 opinions
1Per curiam
This appeal concerns a dispute in a Chapter 11 bankruptcy proceeding as to whether a claim filed by appellee George A. Nole & Sons, Inc. (Nole), against the debtor, Mohawk Frozen Foods, Inc. (Mohawk), was based on a “wilfully exaggerated” mechanic’s lien under New York Lien Law §§ 39 and 39-a. The United States District Court for the Western District of New York, Neal P. McCurn, J., affirmed a decision of Bankruptcy Judge Leon J. Marketos that held that (1) the lien had not been timely filed and was therefore invalid and (2) the lien had not been “wilfully exaggerated.” The Creditors…
2Cases cited6 opinions
- Goodman v. Del-Sa-Co Foods, Inc.New York Court of Appeals · 1965
- Howdy Jones Construction Co. v. Parklaw Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- HOWDY JONES CONSTR. CO., INC. v. Parklaw Realty, Inc.New York Court of Appeals · 1981
- Joe Smith, Inc. v. Otis-Charles Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- Joe Smith, Inc. v. Otis-Charles Corp.New York Court of Appeals · 1952
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3Cited by3 opinions
- Pavarini McGovern, LLC v. Waterscape Resort LLC (In re Waterscape Resort LLC)United States Bankruptcy Court, S.D. New York · 2016
- In Re Mohawk Frozen Foods, Inc.Court of Appeals for the Second Circuit · 1985
- Keating v. The Commonwealth of MassachusettsDistrict Court, D. Massachusetts · 2024