Legal Opinion
Rivera v. Department of Hous. Preserv. & Dev. of City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 2015No. 2014-01607PublishedCited by 1 opinion
1Opinion of the Court
In an action pursuant to RPAPL article 15 to vacate a mechanic’s lien and for related declaratory relief, the plaintiff appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated September 6, 2013, which granted the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, and denied his cross motion for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
A court has no inherent power to vacate or discharge a notice of lien except as authorized by Lien Law § 19 (6) (see Lane Constr. Co., Inc. v Chayat, 117 AD3d 992, 993…
2Cases cited4 opinions
- Northside Tower Realty, LLC v. Klin Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- In re LoweAppellate Division of the Supreme Court of the State of New York · 2004
- Gold Development & Management, LLC v. P.J. Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Luckyland (N.Y.), LLC v. Core Continental Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2011