Legal Opinion
Creech v. Rufa
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012Published
1Opinion of the CourtGarry, J.
A mechanic’s lien on real property is not valid unless the property owner or the owner’s agent requested or consented to the lienor’s services, and such consent must be shown by some affirmative act, and not merely by the owner’s acquiescence or awareness (see Lien Law § 3; Saratoga Assoc. Landscape Architects, Architects, Engrs. & Planners, P.C. v Lauter Dev. Group, 77 AD3d 1219, 1220-1221 [2010]; Tri-North Bldrs. v Di Donna, 217 AD2d 886, 887 [1995]; Care Sys. v Laramee, 155 AD2d 770, 771 [1989]). Plaintiff supported his claim that he did not consent to defendants’ work with his affidavit…
2Cases cited10 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- 2 North Street Corp. v. Getty Saugerties Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Care Systems, Inc. v. LarameeAppellate Division of the Supreme Court of the State of New York · 1989
- Saratoga Associates Landscape Architects v. Lauter Development GroupAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. Title North, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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