Legal Opinion
Putnins Contracting Corp. v. Winston Woods at Dix Hills, Inc.
New York Supreme Court
Decided January 22, 1973PublishedCited by 4 opinions
1Opinion of the CourtBertram Harnett, J.
Examine this issue of apparent first judicial impression. Actions to enforce a trust under article 3-A of the Lien Law must he commenced within one year after completion of an improvement. Does the same apply to abandonment of an improvement?
Here, complaining creditors of a builder seek to recover such trust funds. The defending parties seek to dismiss their complaint under CPLB 3211 (subd. [a], par. 5), claiming that the one-year Statute of Limitations set forth in subdivision 2 of section 77 of article 3-A of the Lien Law bars the action. This provision, in its second sentence, provides…
2Cases cited2 opinions
- Domtar Newsprint Sales Limited v. The United StatesUnited States Court of Claims · 1970
- Forest Electric Corp. v. Century National Bank & Trust Co.New York Supreme Court · 1970
3Cited by4 opinions
- Truax & Hovey, Ltd. v. Grosso (In Re Grosso)United States Bankruptcy Court, N.D. New York · 1981
- Heilbronner v. Nicosia (In Re Valerino Construction, Inc.)United States Bankruptcy Court, W.D. New York · 2000
- In re Marcus Substructure Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- In re the General Assignment for Benefit of Creditors of Marcus Substructure Corp.New York Supreme Court · 1979