Van Name v. Marcus Substructure Corp.

Appellate Division of the Supreme Court of New York

Van Name v. Marcus Substructure Corp.

53 A.D.2d 607, 384 N.Y.S.2d 14, 1976 N.Y. App. Div. LEXIS 13287

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1976·Published

Opinion

In an action to foreclose a mechanic’s lien, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Richmond County, dated July 31, 1975, as, after a nonjury trial, (1) dismissed the complaint as against defendant Consolidated Edison Company and (2) discharged his notice of lien on real property owned by the said defendant. Judgment reversed insofar as appealed from, on the law and the facts, with costs, and judgment is awarded to plaintiff against defendant Consolidated Edison Company in the amount of $18,749.72, plus interest, [608] which is payable out of the funds the said defendant is holding which are due defendant Marcus Substructure Corporation. Plaintiff established a valid lien against defendant Consolidated Edison (see Lien Law, § 3). Accordingly, plaintiff should prevail in this action on that lien. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

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In an action to foreclose a mechanic’s lien, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Richmond County, dated July 31, 1975, as, after a nonjury trial, (1) dismissed the complaint as against defendant Consolidated Edison Company and (2) discharged his notice of lien on real property owned by the said defendant. Judgment reversed insofar as appealed from, on the law and the facts, with costs, and judgment is awarded to plaintiff against defendant Consolidated Edison Company in the amount of $18,749.72, plus interest, [608] which is payable out of the funds the said defendant is holding which are due defendant Marcus Substructure Corporation. Plaintiff established a valid lien against defendant Consolidated Edison (see Lien Law, § 3). Accordingly, plaintiff should prevail in this action on that lien. Hopkins, Acting P. J., Martuscello, Margett, Rabin and Hawkins, JJ., concur.

Van Name v. Marcus Substructure Corp., 53 A.D.2d 607, 384 N.Y.S.2d 14, 1976 N.Y. App. Div. LEXIS 13287 (N.Y. Ct. App. 1976).

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53 A.D.2d 607 (Van Name v. Marcus Substructure Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.