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

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

DecidedJune 1, 1976

StatusPublished

This text of 53 A.D.2d 607 (Van Name v. Marcus Substructure Corp.) 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

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).

Pincite

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]*608which 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]*608which 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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Bluebook (online)

53 A.D.2d 607, 384 N.Y.S.2d 14, 1976 N.Y. App. Div. LEXIS 13287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-name-v-marcus-substructure-corp-nyappdiv-1976.