Avon Electrical Supplies, Inc. v. Voltaic Electric Co.

Appellate Division of the Supreme Court of New York

Avon Electrical Supplies, Inc. v. Voltaic Electric Co.

203 A.D.2d 404, 610 N.Y.S.2d 852, 1994 N.Y. App. Div. LEXIS 3967

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

DecidedApril 18, 1994

StatusPublished

Cited by3 cases

This text of 203 A.D.2d 404 (Avon Electrical Supplies, Inc. v. Voltaic Electric Co.) 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

Avon Electrical Supplies, Inc. v. Voltaic Electric Co., 203 A.D.2d 404, 610 N.Y.S.2d 852, 1994 N.Y. App. Div. LEXIS 3967 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action, inter alia, to foreclose on mechanic’s liens, the defendants Forest City Bridge Street Associates and Insurance Company of North America appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated June 29, 1992 which denied their motion for partial summary judgment dismissing the third and fourth causes of action.

[405]*405Ordered that the order is reversed, on the law, with costs, the motion is granted and the third and fourth causes of action are dismissed.

It is well established that a private mechanic’s lien may not attach to a privately-held leasehold interest in publicly-owned land (see, Matter of Paerdegat Boat & Racquet Club v Zarrelli, 83 AD2d 444, revd on other grounds 57 NY2d 966; Plattsburgh Quarries v Markoff, 164 AD2d 30; Albany County Indus. Dev. Agency v Gastinger Ries Walker Architects, 144 AD2d 891; T.N.T. Coatings v County of Nassau, 114 AD2d 1027). Since the plaintiff’s third and fourth causes of action sought to foreclose on such mechanic’s lien, those causes of action should have been dismissed. Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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—In an action, inter alia, to foreclose on mechanic’s liens, the defendants Forest City Bridge Street Associates and Insurance Company of North America appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated June 29, 1992 which denied their motion for partial summary judgment dismissing the third and fourth causes of action.

[405]*405Ordered that the order is reversed, on the law, with costs, the motion is granted and the third and fourth causes of action are dismissed.

It is well established that a private mechanic’s lien may not attach to a privately-held leasehold interest in publicly-owned land (see, Matter of Paerdegat Boat & Racquet Club v Zarrelli, 83 AD2d 444, revd on other grounds 57 NY2d 966; Plattsburgh Quarries v Markoff, 164 AD2d 30; Albany County Indus. Dev. Agency v Gastinger Ries Walker Architects, 144 AD2d 891; T.N.T. Coatings v County of Nassau, 114 AD2d 1027). Since the plaintiff’s third and fourth causes of action sought to foreclose on such mechanic’s lien, those causes of action should have been dismissed. Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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Bluebook (online)

203 A.D.2d 404, 610 N.Y.S.2d 852, 1994 N.Y. App. Div. LEXIS 3967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avon-electrical-supplies-inc-v-voltaic-electric-co-nyappdiv-1994.

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