Twin County Transit Mix, Inc. v. Ingula Builders Corp.

Appellate Division of the Supreme Court of New York

Twin County Transit Mix, Inc. v. Ingula Builders Corp.

27 A.D.2d 939, 278 N.Y.S.2d 990, 1967 N.Y. App. Div. LEXIS 4446

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1967·Published·Cited by 4 cases

Opinion

Order of the Supreme Court, Suffolk County, dated July 29, 1966, reversed insofar as appealed from, on the law, with $10 costs and disbursements, and petitioner owner’s motion to vacate respondent’s notice of mechanic’s lien (pursuant to Lien Law, § 19, subd. [6]) granted in its entirety. No questions of fact have been considered. In our opinion, respondent’s notice of lien is fatally defective in that it purports to include material furnished under several transactions for the improvement of distinct and widely separated pieces of real property, being improved as ' independent operations (Buhler Co. v. New York Dock Co., 170 App. Div. 486). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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Order of the Supreme Court, Suffolk County, dated July 29, 1966, reversed insofar as appealed from, on the law, with $10 costs and disbursements, and petitioner owner’s motion to vacate respondent’s notice of mechanic’s lien (pursuant to Lien Law, § 19, subd. [6]) granted in its entirety. No questions of fact have been considered. In our opinion, respondent’s notice of lien is fatally defective in that it purports to include material furnished under several transactions for the improvement of distinct and widely separated pieces of real property, being improved as ' independent operations (Buhler Co. v. New York Dock Co., 170 App. Div. 486). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

Twin County Transit Mix, Inc. v. Ingula Builders Corp., 27 A.D.2d 939, 278 N.Y.S.2d 990, 1967 N.Y. App. Div. LEXIS 4446 (N.Y. Ct. App. 1967).

Pincite

27 A.D.2d 939 (Twin County Transit Mix, Inc. v. Ingula Builders Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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