In re Lowe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding, inter alia, pursuant to Lien Law § 19 (6) to summarily discharge a mechanic’s lien, the appeal is from an order of the Supreme Court, Suffolk County (Costello, J.), dated December 20, 2002, which granted the petition to discharge the lien on the ground that it was time-barred.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the notice of lien is reinstated.
It is well settled that 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
- Melniker v. GraeAppellate Division of the Supreme Court of the State of New York · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northside Tower Realty, LLC v. Klin Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Gold Development & Management, LLC v. P.J. Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Luckyland (N.Y.), LLC v. Core Continental Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Retek v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Taocon, Inc. v. Urban D.C. Inc.Appellate Division of the Supreme Court of the State of New York · 2013
6 more not listed; retrieve them via the Exa API.