Legal Opinion
Mayrich Construction Co. v. Oliver LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2011Published
1Opinion of the Court
The two mortgages that are the subject of this proceeding were obtained for the purpose of acquiring property and air rights, respectively. Neither contains an express promise by respondent to improve property. Accordingly, no funds were received by respondent “under or in connection with a contract for an improvement of real property,” as required by Lien Law § 70 (1), and petitioner has not established that the trust provisions of Lien Law article 3-A are applicable.
We reject petitioner’s argument that the loan proceeds were received “in connection with a contract for an improvement of real…
2Cases cited7 opinions
- Long v. Adirondack Park AgencyNew York Court of Appeals · 1990
- Canron Corp. v. City of New YorkNew York Court of Appeals · 1996
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
- Tri-City Electric Co. v. PeopleNew York Court of Appeals · 1984
- Monroe Savings Bank v. First National BankAppellate Division of the Supreme Court of the State of New York · 1976
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