101 Park Avenue Associates v. Trane Co.

New York Court of Appeals

101 Park Avenue Associates v. Trane Co.

465 N.E.2d 359, 62 N.Y.2d 734, 476 N.Y.S.2d 820, 1984 N.Y. LEXIS 4332

CourtNew York Court of Appeals

DecidedMay 8, 1984

StatusPublished

Cited by4 cases

This text of 465 N.E.2d 359 (101 Park Avenue Associates v. Trane Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

101 Park Avenue Associates v. Trane Co., 465 N.E.2d 359, 62 N.Y.2d 734, 476 N.Y.S.2d 820, 1984 N.Y. LEXIS 4332 (N.Y. 1984).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (99 AD2d 428). Respondent Trane, as an unpaid subcontractor, has an unqualified right to a mechanic’s lien upon the improved real property (Lien Law, § 3). Petitioners have failed to show a basis for discharge of that lien pursuant to section 19 of the Lien Law as the undertaking filed covers only the lien of the contractor Raisler Corporation.

[736]*736Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (99 AD2d 428). Respondent Trane, as an unpaid subcontractor, has an unqualified right to a mechanic’s lien upon the improved real property (Lien Law, § 3). Petitioners have failed to show a basis for discharge of that lien pursuant to section 19 of the Lien Law as the undertaking filed covers only the lien of the contractor Raisler Corporation.

[736]*736Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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Bluebook (online)

465 N.E.2d 359, 62 N.Y.2d 734, 476 N.Y.S.2d 820, 1984 N.Y. LEXIS 4332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/101-park-avenue-associates-v-trane-co-ny-1984.

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