Appellate Division of the Supreme Court of New York, 1967

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

Twin County Transit Mix, Inc. v. Ingula Builders Corp.
Appellate Division of the Supreme Court of New York · Decided April 10, 1967
27 A.D.2d 939; 278 N.Y.S.2d 990; 1967 N.Y. App. Div. LEXIS 4446
Twin County Transit Mix, Inc. v. Ingula Builders Corp.

Opinion of the Court

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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