Northside Tower Realty, LLC v. Klin Construction Group, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding, in effect, pursuant to Lien Law § 19 (6) to summarily discharge a mechanic’s lien, Klin Construction Group, Inc., appeals from an order of the Supreme Court, Kings County (Schack, J.), dated April 24, 2009, which granted the petition on the ground of payment, and directed summary discharge of the lien.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the notice of lien is reinstated.
A court has no inherent power to vacate or discharge a notice of lien except as authorized by Lien Law § 19 (6) (see Dember Constr. Corp. v P & R Elec. Corp.,…
2Cases cited7 opinions
- Aaron v. Great Bay Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Coppola General Contracting Corp. v. Noble House Construction of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Mechanic's Lien Filed by Supreme Plumbing Co. v. Seadco Building Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- In re LoweAppellate Division of the Supreme Court of the State of New York · 2004
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- Rivera v. Department of Hous. Preserv. & Dev. of City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
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