Legal Opinion
Bat-Jac Contracting, Inc. v. Italia Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1999PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding pursuant to Lien Law article 2, inter alia, to discharge a public improvement mechanic’s lien undertaking and the surety, the petitioner appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 30, 1998, which denied its motion for that relief.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
Prior to the termination of the public improvement lien obtained by Italia Construction Company (hereinafter Italia), the petitioner Bat-Jac Contracting, Inc. (hereinafter Bat-Jac), obtained an undertaking “conditioned for…
2Cases cited8 opinions
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Harley v. . PlantNew York Court of Appeals · 1914
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
- Tri-City Electric Co. v. PeopleNew York Court of Appeals · 1984
- Audley Clarke Co. v. W. F. Plass & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1919
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3Cited by2 opinions
- Intercounty Supply, Inc. v. Tap Plumbing & Heating, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- D.A.G. Floors, Inc. v. St. Paul Mercury InsuranceAppellate Division of the Supreme Court of the State of New York · 2006