Legal Opinion

In re Caruso

New York Supreme Court

Decided June 6, 1986Published

1Opinion of the Court

OPINION OF THE COURT

William H. Keniry, J.

The petitioners Peter and Donna Caruso (owners) seek the summary discharge of three notices of mechanics’ liens under Lien Law § 19 (6) upon the grounds that all three notices are defective in that they fail to sufficiently describe the real *514property involved (Lien Law §9 [7]) and that two of the lienors are not authorized parties to file a lien since the labor and materials involved were not contracted for by the owners’ contractor (Lien Law § 3).

The facts are simple. The owners entered into a written contract with Donna Boomhower doing business as…

2Cases cited3 opinions

  1. Contelmo's Sand & Gravel, Inc. v. J & J Milano, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Hartman v. TravisAppellate Division of the Supreme Court of the State of New York · 1981
  3. Lifset v. EhrlichAppellate Division of the Supreme Court of the State of New York · 1978

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