Legal Opinion
Paul Mock, Inc. v. 118 East 25th Street Realty Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1982PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, New York County (H. G. Schwartz, J.), entered October 30, 1981 directing judgment dismissing the complaint, after nonjury trial, in action to foreclose mechanic’s lien, and vacating and discharging said lien, is unanimously affirmed, with costs. The interest of the owner of real property may only be subjected to a mechanic’s lien for improvements if the work was done “with the consent or at the request of the owner thereof” (Lien Law, § 3). In this case the work was done for the tenant’s convenience and at the tenant’s request. Consent of the owner here was merely a…
2Cases cited4 opinions
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Rice v. . CulverNew York Court of Appeals · 1902
- P. Delany & Co. v. DuvouNew York Court of Appeals · 1938
- Sager v. Renwick Park & Traffic Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by12 opinions
- Harner v. SchecterAppellate Division of the Supreme Court of the State of New York · 1984
- Tri-North Builders, Inc. v. Di DonnaAppellate Division of the Supreme Court of the State of New York · 1995
- GCDM Ironworks, Inc. v. GJF Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Elliott-Williams Co., Inc. v. Impromptu Gourmet, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Tomaselli v. Oneida County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2010
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