Legal Opinion
Carl A. Morse, Inc. v. Rentar Industrial Development Corp.
New York Supreme Court
Decided January 20, 1976PublishedCited by 6 opinions
1Opinion of the CourtMoses M. Weinstein, J.
In this action for the foreclosure of certain mechanic’s liens and other relief, the defendant owners of the real property move for partial summary judgment dismissing the first cause of action on the grounds: (1) that plaintiff was acting as agent for defendants when it performed work on the realty and therefore is not a valid lienor; and (2) that the filing of a lien is an unconstitutional taking of property without due process of law.
The court will deal first with the constitutional challenge. Generally, legislative enactments are accorded a strong presumption of constitutionality. (See…
2Cases cited22 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Van Berkel v. PowerNew York Court of Appeals · 1965
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burns Electric Co. v. Walton Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
- Podolsky v. Narnoc Corp.New York Supreme Court · 1991
- Henry & John Associates v. Demilo Construction Corp.New York Supreme Court · 1987
- Matter of Old Post Rd. Assoc., LLC v. LRC Constr., LLCAppellate Division of the Supreme Court of the State of New York · 2019
- People v. CahoonAppellate Division of the Supreme Court of the State of New York · 2019
1 more not listed; retrieve them via the Exa API.