Legal Opinion

Johnson v. Robertson

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2009PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated October 31, 2008, which denied his motion to vacate a notice of mechanic’s lien filed by the defendant Robertson Contracting and granted the defendants’ cross motion pursuant to Lien Law § 12-a (2) to amend the notice of mechanic’s lien nunc pro tunc.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the misdescriptions in the notice of mechanic’s lien did not render the notice jurisdictionally defective and…

2Cases cited3 opinions

  1. Corina Associates, Inc. v. McManus, Longe, Brockwehl, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  2. Murdock v. Property Situated at Larchmont ManorAppellate Division of the Supreme Court of the State of New York · 1937
  3. Manniello v. GhadimiAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. Park Side Construction Contractors, Inc. v. Bryan's Quality Plus, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of CAFS Mgmt. Corp. v. Q Realty & Dev., Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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