Legal Opinion

Clemens v. Zappala & Co.

New York Supreme Court

Decided May 7, 1951Published

1Opinion of the CourtHamm, J.

The lienor filed a mechanic’s lien against lots 15, 16 and 17 on January 23, 1951. The materials furnished were used exclusively for improvements on lot 12. Lot 12 and lots 15,16 and 17 are all owned by the same owners denominated in the notice of lien. Lot 12 was acquired by a deed separate from the deed to lots 15,16 and 17 and the grantor of lot 12 was not the grantor of lots 15,16 and 17. Lot 12 and lots 15,16 and 17 are not contiguous. In the notice of mechanic’s lien lots 15,16 and 17 are described with precision and without reference to any other parcel.

The lienor seeks an order…

2Cases cited3 opinions

  1. Gold v. Frank Teicher, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
  2. In re Thomas J. Dorsey, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
  3. John Roshirt, Inc. v. RosenstockNew York Supreme Court · 1930

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