Walker v. Buffalo Electrical Construction, Inc.

Appellate Division of the Supreme Court of New York

Walker v. Buffalo Electrical Construction, Inc.

83 A.D.2d 768, 443 N.Y.S.2d 619, 1981 N.Y. App. Div. LEXIS 15095

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

DecidedJuly 9, 1981

DocketAppeal No. 3

StatusPublished

Cited by6 cases

This text of 83 A.D.2d 768 (Walker v. Buffalo Electrical Construction, Inc.) 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

Walker v. Buffalo Electrical Construction, Inc., 83 A.D.2d 768, 443 N.Y.S.2d 619, 1981 N.Y. App. Div. LEXIS 15095 (N.Y. Ct. App. 1981).

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Opinion

Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: Special Term erred in denying defendants’ motion for summary judgment dismissing plaintiff’s action to foreclose two public improvement liens in connection with a project for the Power Authority of the State of New York. It is undisputed that plaintiff had not preserved either lien by filing a notice of pendency or obtaining an order of continuance within six months of the filing of the notices of lien as prescribed by section 18 of the Lien Law. Failure to file a lis pendens or to obtain an order continuing the lien within the prescribed period is a fatal omission (Lien Law, § 21, subd 2, par [a]; see Noce v Kaufman, 2 NY2d 347, modfg 286 App Div 531; White v McLean & Sons, 235 App Div 342). Inasmuch as the lapses were final, there were no liens in effect to support the foreclosure action. Moreover, the prior dismissal of separate actions to foreclose the same liens was a bar to the new action. (Appeal from order of Cayuga Supreme Court, Contiguglia, J. — dismiss complaint.) Present — Simons, J.P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.

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Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: Special Term erred in denying defendants’ motion for summary judgment dismissing plaintiff’s action to foreclose two public improvement liens in connection with a project for the Power Authority of the State of New York. It is undisputed that plaintiff had not preserved either lien by filing a notice of pendency or obtaining an order of continuance within six months of the filing of the notices of lien as prescribed by section 18 of the Lien Law. Failure to file a lis pendens or to obtain an order continuing the lien within the prescribed period is a fatal omission (Lien Law, § 21, subd 2, par [a]; see Noce v Kaufman, 2 NY2d 347, modfg 286 App Div 531; White v McLean & Sons, 235 App Div 342). Inasmuch as the lapses were final, there were no liens in effect to support the foreclosure action. Moreover, the prior dismissal of separate actions to foreclose the same liens was a bar to the new action. (Appeal from order of Cayuga Supreme Court, Contiguglia, J. — dismiss complaint.) Present — Simons, J.P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.

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Bluebook (online)

83 A.D.2d 768, 443 N.Y.S.2d 619, 1981 N.Y. App. Div. LEXIS 15095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-buffalo-electrical-construction-inc-nyappdiv-1981.

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