Clifford Broman & Son, Inc. v. Town of Babylon
Cases that cite this one
2 later published cases cite this decision.
- Nastasi & Associates, Inc. v. TAG Court Square, LLC (Appellate Division of the Supreme Court of New York 2009)
- Peri Formwork Systems, Inc. v. Lumbermens Mutual Casualty Co. (Appellate Division of the Supreme Court of New York 2009)
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
—In an action to foreclose on a public improvement mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated December 1, 1994, which denied its motion for summary judgment against the defendants Town of Babylon and Hi-Tech Mechanical, Inc.
Ordered that the order is affirmed, with costs.
The plaintiff’s lien was valid only as to any amount still due and unpaid to the subcontractor, Yellowstone Equipment Inc. (see, Ace Contr. Co. v Garfield & Arma Assocs., 148 Misc 2d 475, 477). Since a triable issue of fact exists as to whether the subcontractor was owed any money at the time the plaintiff’s lien was filed, the plaintiff’s motion for summary judgment was properly denied (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). O’Brien, J. P., Ritter, Friedmann and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.