In re Ciminelli-Walbridge Joint Venture
This text of 185 A.D.2d 657 (In re Ciminelli-Walbridge Joint Venture) 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.
Opinion
Order unanimously affirmed with costs. Memorandum: Supreme Court properly vacated and discharged the lien filed by SGB 2000, Inc. Section 5 of the Lien Law provides that, under contracts for public improvements, a lien may be filed by "[a] person performing labor for or furnishing materials to a contractor, his subcontractor or legal representative”. SGB 2000, Inc., which agreed to furnish materials to a sub-subcontractor, is too remote from the prime contractor to file a valid lien (see, Cameron Equip. Corp. v People, 31 AD2d 299, 301, affd 27 NY2d 634; Wynkoop v People, 1 AD2d 620, affd 4 NY2d 892). [658]*658(Appeal from Order of Supreme Court, Erie County, Joslin, J. —Mechanic’s Lien.) Present—Green, J. P., Lawton, Boehm, Davis and Doerr, JJ.
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Cite This Page — Counsel Stack
185 A.D.2d 657, 587 N.Y.S.2d 877, 1992 N.Y. App. Div. LEXIS 9189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ciminelli-walbridge-joint-venture-nyappdiv-1992.