Appellate Division of the Supreme Court of New York, 1981

Walker v. Buffalo Electrical Construction, Inc.

Appellate Division of the Supreme Court of New York · Decided July 9, 1981 · Appeal No. 3

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

Cases that cite this one

6 later published cases cite this decision.

CLG, Inc. v. BAT-JAC Contracting, Inc. (Appellate Division of the Supreme Court of New York 1996)
Ward-Carpenter Engineers, Inc. v. Sassower (Appellate Division of the Supreme Court of New York 1990)
Sunny Construction Inc. v. Revella (Appellate Division of the Supreme Court of New York 1987)
Tri-City Electric Co. v. People (Appellate Division of the Supreme Court of New York 1983)
Walker v. Foundation Electrical Contractors, Inc. (Appellate Division of the Supreme Court of New York 1981)
Walker v. Foundation Electrical Contractors, Inc. (Appellate Division of the Supreme Court of New York 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.