Legal Opinion
Greenspan v. Amsterdam
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1988PublishedCited by 5 opinions
1Opinion of the Court
— In an action to foreclose a mechanic’s lien, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Owen, J.), entered April 24, 1987, as dismissed his counterclaims.
*536Ordered that the judgment is affirmed insofar as appealed from, with costs.
The record supports the trial court’s finding that the defendant owner’s actions demonstrated a failure to facilitate the plaintiff builder’s performance under the contract (see, Savin Bros. v State of New York, 62 AD2d 511, affd 47 NY2d 934). Further, the record supports the court’s…
2Cases cited5 opinions
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
- Savin Bros. v. StateNew York Court of Appeals · 1979
- Felix Contracting Corp. v. Oakridge Land & Property Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Soundwall Construction Corp. v. Moncarol Construction Corp.New York Supreme Court · 1968
3Cited by5 opinions
- Aetna Casualty & Surety Co. v. Namrod Development Corp.District Court, S.D. New York · 1992
- Galusha & Sons, LLC v. Champlain Stone, Ltd.Appellate Division of the Supreme Court of the State of New York · 2015
- C & D Rodriguez General Contracting, Inc. v. GatellAppellate Division of the Supreme Court of the State of New York · 2002
- City of New York v. Shellbank Rest. Corp.Appellate Division of the Supreme Court of the State of New York · 2019
- Precision Mirror & Glass v. NelmsCivil Court of the City of New York · 2005