A-1 Asphalt Corp. v. On-Site Construction & Development Corp.

Appellate Division of the Supreme Court of New York

A-1 Asphalt Corp. v. On-Site Construction & Development Corp.

250 A.D.2d 790, 671 N.Y.S.2d 1011, 1998 N.Y. App. Div. LEXIS 6035

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

DecidedMay 26, 1998

StatusPublished

This text of 250 A.D.2d 790 (A-1 Asphalt Corp. v. On-Site Construction & Development Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A-1 Asphalt Corp. v. On-Site Construction & Development Corp., 250 A.D.2d 790, 671 N.Y.S.2d 1011, 1998 N.Y. App. Div. LEXIS 6035 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action pursuant to Lien Law article 3-A, the defendants On-Site Construction & Development Corp., John C. Lombardi, and John Ascoli appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 27, 1997, as denied their motion to dismiss the complaint on the ground that it is barred by the Statute of Limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the action is not barred by the one-year Statute of Limitations under Lien Law § 77 (2) (see, General Obligations Law § 17-101; Costantini v Bimco Indus., 125 AD2d 531; cf., Morris Demolition Co. v Board of Educ., 40 NY2d 516). Bracken, J. P., Copertino, Santucci, Plorio and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action pursuant to Lien Law article 3-A, the defendants On-Site Construction & Development Corp., John C. Lombardi, and John Ascoli appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 27, 1997, as denied their motion to dismiss the complaint on the ground that it is barred by the Statute of Limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the action is not barred by the one-year Statute of Limitations under Lien Law § 77 (2) (see, General Obligations Law § 17-101; Costantini v Bimco Indus., 125 AD2d 531; cf., Morris Demolition Co. v Board of Educ., 40 NY2d 516). Bracken, J. P., Copertino, Santucci, Plorio and McGinity, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

250 A.D.2d 790, 671 N.Y.S.2d 1011, 1998 N.Y. App. Div. LEXIS 6035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-1-asphalt-corp-v-on-site-construction-development-corp-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack