Legal Opinion

Capogna v. Guella

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 2007PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to foreclose a mechanic’s lien, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated *523March 29, 2006, as denied their motion pursuant to Lien Law § 39 to vacate and void the notice of mechanic’s lien filed by the plaintiffs with the Suffolk County Clerk against their real property.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the defendants failed to demonstrate, as a matter of law, that the plaintiffs willfully…

2Cases cited5 opinions

  1. Goodman v. Del-Sa-Co Foods, Inc.New York Court of Appeals · 1965
  2. Pyramid Champlain Co. v. R.P. Brosseau & Co.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Guzman v. Estate of FlukerAppellate Division of the Supreme Court of the State of New York · 1996
  4. Fidelity New York, FSB v. Kensington-Johnson Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  5. East Hills Metro, Inc. v. J.M. Dennis Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Park Place Carpentry & Builders, Inc. v. DiVitoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Consumer Protection Restoration, LLC v. Hickory House Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2025
  3. FIBERGLASS FABRICATORS, INC. v. C.O. FALTER CONSTRUCTION CORP.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Fiberglass Fabricators, Inc. v. C.O. Falter Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API