Uprite Construction Co. v. Fisher

Appellate Division of the Supreme Court of New York

Uprite Construction Co. v. Fisher

74 A.D.2d 826, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 10574

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

DecidedMarch 3, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 826 (Uprite Construction Co. v. Fisher) 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

Uprite Construction Co. v. Fisher, 74 A.D.2d 826, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 10574 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to foreclose a mechanic’s lien, defendant appeals from a judgment of the Supreme Court, Westchester County, dated June 18, 1979, which, after a nonjury trial limited to the issue of the timeliness of the filing of the notice of lien, inter alia, found in favor of the plaintiff. Judgment affirmed, with costs. The testimony of plaintiff’s president, credited by Trial Term, sufficiently established that construction pursuant to contract continued through July 9, 1974. The notice of lien was filed on October 4, 1974. From this the court properly concluded that the notice of lien was filed within the statutory period set forth in section 10 of the Lien Law. Hopkins, J. P., Damiani, Titone and Martuscello, JJ., concur.

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In an action to foreclose a mechanic’s lien, defendant appeals from a judgment of the Supreme Court, Westchester County, dated June 18, 1979, which, after a nonjury trial limited to the issue of the timeliness of the filing of the notice of lien, inter alia, found in favor of the plaintiff. Judgment affirmed, with costs. The testimony of plaintiff’s president, credited by Trial Term, sufficiently established that construction pursuant to contract continued through July 9, 1974. The notice of lien was filed on October 4, 1974. From this the court properly concluded that the notice of lien was filed within the statutory period set forth in section 10 of the Lien Law. Hopkins, J. P., Damiani, Titone and Martuscello, JJ., concur.

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Bluebook (online)

74 A.D.2d 826, 425 N.Y.S.2d 180, 1980 N.Y. App. Div. LEXIS 10574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/uprite-construction-co-v-fisher-nyappdiv-1980.

Opinion

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