Putnins Contracting Corp. v. Winston Woods at Dix Hills, Inc.

We recognize that there are similarities between abandonment and completion of improvements which fall within the ambit of article 3-A of the Lien Law and that one might expect in the careful specification of that article to find explicit provision as to applicable periods of limitations for all situations. Nonetheless we, too, conclude that the one-year Statute of Limitations of subdivision 2 of section 77 is not applicable where there is abandonment rather than completion of the improvement. We note the difference in diction between subdivisions 4 arid 5 -of that section in which provision…