Legal Opinion

Oakdale 36 Unit Corp. v. Maytal Construction Corp.

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

Decided November 22, 1993PublishedCited by 1 opinion

1Opinion of the Court

—In a proceeding pursuant to Lien Law § 19 (6) to discharge a mechanic’s lien, Maytal Construction Corp. appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), entered July 9, 1991, which discharged the lien.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly searched the record (see, CPLR 409 [b]), and determined that the subject lien is premised on claims beyond the purview of the Lien Law (see, Matter of FCZ Corp. v Blais Deli, 135 AD2d 535). Summary discharge of the lien was therefore proper because it failed to comply with the requirements of…

2Cases cited2 opinions

  1. Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
  2. In re FCZ Corp.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. Town of Brookhaven v. MIC Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

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