Legal Opinion
In re Schiavone Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1992PublishedCited by 7 opinions
1Opinion of the Court
— Order, Supreme Court, New York County (Stanley Parness, J.), entered February 26, 1991, which denied petitioner’s application to compel respondent to foreclose its lien or show cause why it should not be vacated and cancelled pursuant to Lien Law § 21-a, unanimously affirmed, with costs.
The IAS court did not abuse its discretion in denying *581petitioner’s application as premature, since, in compliance with the statute, respondent presented a valid reason why the lien should not be vacated and cancelled, namely, that the amounts subject to the lien were not yet due and payable, and, although…
2Cases cited2 opinions
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Delaware Towers, Inc. v. Siegfried Construction Co.New York Supreme Court · 1963
3Cited by7 opinions
- West-Fair Electric Contractors v. Aetna Casualty & Surety Co.New York Court of Appeals · 1995
- West-Fair Electric Contractors, and L.J. Coppola, Inc. v. Aetna Casualty & Surety Company, and Gilbane Building CompanyCourt of Appeals for the Second Circuit · 1996
- Thomas Group, Inc. v. Wharton Senior Citizen Housing, Inc.Supreme Court of New Jersey · 2000
- Blandford Land Clearing Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- West-Fair Electric Contractors, and L.J. Coppola, Inc. v. Aetna Casualty & Surety Company, and Gilbane Building CompanyCourt of Appeals for the Second Circuit · 1995
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