Legal Opinion
W.J. Northridge Construction Corp. v. Star Industries, Inc.
Appellate Terms of the Supreme Court of New York
Decided October 24, 2001Published
1Opinion of the Court
*257OPINION OF THE COURT
Memorandum.
In this action to establish a mechanic’s lien, defendant Star Industries, Inc. (Star) moved for summary judgment dismissing the complaint against it on the ground that it never consented to the improvements as required by section 3 of the Lien Law. It is the opinion herein that the confluence of a number of independent factors, when taken together, may establish the consent required under said section. Specifically, the lease between Star and its tenant provided for the alterations/improvements which were to be used to convert warehouse space to office space.…
2Cases cited5 opinions
- Harner v. SchecterAppellate Division of the Supreme Court of the State of New York · 1984
- Gescheidt & Co. v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Gescheidt Company, Inc. v. Bowery Savings BankNew York Court of Appeals · 1938
- Osborne v. McGowanAppellate Division of the Supreme Court of the State of New York · 1956
- M. F. Hickey Co. v. Imperial Realty Co.Appellate Terms of the Supreme Court of New York · 1972