Home/New York Court of Appeals/Carl A. Morse, Inc. v. Rentar Industrial Development Corp.

Carl A. Morse, Inc. v. Rentar Industrial Development Corp.

375 N.E.2d 409, 43 N.Y.2d 952, 404 N.Y.S.2d 343, 1978 N.Y. LEXIS 1854
CourtNew York Court of Appeals
DecidedMarch 21, 1978
StatusPublished
Cited by13 cases

This text of 375 N.E.2d 409 (Carl A. Morse, Inc. v. Rentar Industrial Development Corp.) 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
Carl A. Morse, Inc. v. Rentar Industrial Development Corp., 375 N.E.2d 409, 43 N.Y.2d 952, 404 N.Y.S.2d 343, 1978 N.Y. LEXIS 1854 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Order affirmed, with costs, on the opinion by then Presiding Justice Frank A. Guxotta. In addition, it is observed that the dissenting opinion at the Appellate Division confuses the impact of a lien on property which does not disposses the owner with the line of cases in the Supreme Court of the United States involving precisely such dispossession by seizure without preliminary judicial determination. Question certified anWered in the affirmative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg dissents and votes to reverse in the following memorandum: For the reasons set forth in the dissenting opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division, I believe that New York State’s mechanic’s lien law (Lien Law, §3 et seq.), in the form in which it presently seeks to protect lienors unnecessarily and unconstitutionally deprives lienees of valuable property [954]*954rights without due process of law. I would, therefore, vote to reverse and grant the motion for partial summary judgment.

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

Related

Matter of Old Post Rd. Assoc., LLC v. LRC Constr., LLC
2019 NY Slip Op 7930 (Appellate Division of the Supreme Court of New York, 2019)
People v. Cahoon
2019 NY Slip Op 7180 (Appellate Division of the Supreme Court of New York, 2019)
David Rivera v. Department of Housing Preservation and Development of the City of New York, The Matter of Leonardo Enriquez v. Department of Housing Preservation and Development of the City of New York
74 N.E.3d 653 (New York Court of Appeals, 2017)
Polluki Construction v. Capobianco
115 A.D.3d 837 (Appellate Division of the Supreme Court of New York, 2014)
Popular Contracting, Inc. v. Khokar
303 A.D.2d 590 (Appellate Division of the Supreme Court of New York, 2003)
Niagara Venture v. Sicoli & Massaro, Inc.
566 N.E.2d 648 (New York Court of Appeals, 1990)
Burns Electric Co. v. Walton Street Associates
136 A.D.2d 291 (Appellate Division of the Supreme Court of New York, 1988)
Barnes Construction Corp. v. St. Bonaventure University
131 Misc. 2d 285 (New York Supreme Court, 1986)
Hercules Chemical Co. v. VCI, Inc.
118 Misc. 2d 814 (New York Supreme Court, 1983)
Welch v. Shiffman
80 A.D.2d 683 (Appellate Division of the Supreme Court of New York, 1981)
Arthur Treacher's Fish & Chips, Inc. v. New York State Tax Commission
69 A.D.2d 550 (Appellate Division of the Supreme Court of New York, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
375 N.E.2d 409, 43 N.Y.2d 952, 404 N.Y.S.2d 343, 1978 N.Y. LEXIS 1854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-a-morse-inc-v-rentar-industrial-development-corp-ny-1978.