Ace Contracting Co. v. Garfield & Arma Associates

OPINION OF THE COURT

Norman C. Ryp, J.

a. ISSUE

Whether a (fabricated stainless steel) sub-subcontractor can enforce a mechanic’s lien under Lien Law article 3 after subcontractor and general contractor (to erect a McDonald’s storefront) have both been fully paid. An issue of budding and building first impression.

This is a Lien Law §59 special proceeding in which petitioner, Ace Contracting Company, seeks to vacate the mechanic’s lien filed on the premises known as 1499 Third Avenue (Block 1530, Lot 48), New York, New York by respondent, *476Milgo Industrial, Inc. For the hereinbelow stated reasons,…