Bedford Lake Park Corp. v. Twelve Linden Corp.

Appellate Division of the Supreme Court of New York

Bedford Lake Park Corp. v. Twelve Linden Corp.

8 A.D.2d 818, 190 N.Y.S.2d 143, 1959 N.Y. App. Div. LEXIS 8402

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

DecidedJune 1, 1959

StatusPublished

Cited by1 cases

This text of 8 A.D.2d 818 (Bedford Lake Park Corp. v. Twelve Linden 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

Bedford Lake Park Corp. v. Twelve Linden Corp., 8 A.D.2d 818, 190 N.Y.S.2d 143, 1959 N.Y. App. Div. LEXIS 8402 (N.Y. Ct. App. 1959).

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Opinion

In an action to foreclose a purchase-money mortgage, the appeal is by a mechanic’s lienor from an order granting a motion to strike out its answer and awarding summary judgment to respondent. Improvements to the property were made by the vendees in possession prior to the passing of title to the grantee, defendant Twelve Linden Corporation, with the knowledge of the seller and grantor, respondent herein. The deed and purchase-money mortgage, however, were executed and recorded about four months prior to the filing of appellant's notice of lien. Order unanimously affirmed, with $10 costs and disbursements. The word " consent” as used in section 3 of the Lien Law has a limited application. There is a marked distinction between the passive acquiescence of an owner in that he knows the improvements are being made, improvements which in many cases he has no right to prevent, and his actual and express consent or requirement that the improvement shall be made. It is the latter that constitutes the consent mentioned in the statute. (Rice v. Culver, 172 N. Y. 60; [819]*819Ausable Chasm Co. v. Hotel Ausable Chasm & Country Club, 263 App. Div. 486.) Present — Wenzel, Acting P. J,. Beldoek, Murphy, TJghetta and Kleinfeld, JJ.

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In an action to foreclose a purchase-money mortgage, the appeal is by a mechanic’s lienor from an order granting a motion to strike out its answer and awarding summary judgment to respondent. Improvements to the property were made by the vendees in possession prior to the passing of title to the grantee, defendant Twelve Linden Corporation, with the knowledge of the seller and grantor, respondent herein. The deed and purchase-money mortgage, however, were executed and recorded about four months prior to the filing of appellant's notice of lien. Order unanimously affirmed, with $10 costs and disbursements. The word " consent” as used in section 3 of the Lien Law has a limited application. There is a marked distinction between the passive acquiescence of an owner in that he knows the improvements are being made, improvements which in many cases he has no right to prevent, and his actual and express consent or requirement that the improvement shall be made. It is the latter that constitutes the consent mentioned in the statute. (Rice v. Culver, 172 N. Y. 60; [819]*819Ausable Chasm Co. v. Hotel Ausable Chasm & Country Club, 263 App. Div. 486.) Present — Wenzel, Acting P. J,. Beldoek, Murphy, TJghetta and Kleinfeld, JJ.

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Bluebook (online)

8 A.D.2d 818, 190 N.Y.S.2d 143, 1959 N.Y. App. Div. LEXIS 8402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedford-lake-park-corp-v-twelve-linden-corp-nyappdiv-1959.

Opinion

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