Legal Opinion

L & L Painting Co. v. Columbia Sussex Corp.

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

Decided March 18, 1996PublishedCited by 6 opinions

1Opinion of the Court

The appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic’s lien when it was named as a defendant in this action, as it was required to do (see, Lien Law § 44 [5]). The amended notice of pendency filed by the plaintiff continued the appellant’s mechanic’s lien (see, Lien Law § 17). The appellant, a plaintiff for purposes of its own claims (see, CPLR 3019 [d]), is, therefore, a proper party to seek an extension of the plaintiff’s amended notice of pendency in order to preserve its own mechanic’s lien, which would otherwise terminate (see, CPLR 6513; Lien Law §…

2Cases cited2 opinions

  1. Stassou v. Casini & Huang Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Tomei v. PizzitolaAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. Youngok Lim v. Sangbom LyiAppellate Division of the Supreme Court of the State of New York · 2002
  2. Hall v. PiazzaAppellate Division of the Supreme Court of the State of New York · 1999
  3. Knopf v. SanfordAppellate Division of the Supreme Court of the State of New York · 2013
  4. Knopf v. SanfordAppellate Division of the Supreme Court of the State of New York · 2013
  5. Miller v. FuentesAppellate Division of the Supreme Court of the State of New York · 2025

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