Legal Opinion
Noce v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Decided November 2, 1955PublishedCited by 5 opinions
1Per curiam
The complaint in this ease purports to state two causes of action. On the trial there was a complete failure of proof of the second cause of action, which we consider to have been abandoned. The first cause of action was primarily for the foreclosure of a mechanic’s lien and related relief. The lien was never extended by order. While an action to foreclose was commenced within one year after the lien was filed, no lis pendens was filed within the same time. The lien, therefore, expired and was lost (Lien Law, § 17; Danziger v. Simonson, 116 N. Y. 329, 333; Gray Marble & Slate Co. v. Schaefer,…
2Cases cited5 opinions
- Danziger v. . SimonsonNew York Court of Appeals · 1889
- National Lumber Co. v. F. Braun & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- White v. C. M. McLean & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Charles M. Gray Marble & Slate Co. v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1923
- Weinheimer v. HutzlerAppellate Division of the Supreme Court of the State of New York · 1932
3Cited by5 opinions
- Kraft v. Fisk Associates (In Re Millerlee Corp.)United States Bankruptcy Court, S.D. New York · 1987
- Walker v. Buffalo Electrical Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- In re OxerNew York Supreme Court · 1962
- Adams Engineering Co. v. MenowitzNew York Supreme Court · 1967
- Sunny Construction Inc. v. RevellaAppellate Division of the Supreme Court of the State of New York · 1987