L & L Painting Co. v. Columbia Sussex Corp.
Opinion of the Court
The appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic’s lien when it was named as a defendant in this action, as it was required to do (see, Lien Law § 44 [5]). The amended notice of pendency filed by the plaintiff continued the appellant’s mechanic’s lien (see, Lien Law § 17). The appellant, a plaintiff for purposes of its own claims (see, CPLR 3019 [d]), is, therefore, a proper party to seek an extension of the plaintiff’s amended notice of pendency in order to preserve its own mechanic’s lien, which would otherwise terminate (see, CPLR 6513; Lien Law § 19 [2]; Gebhardt v Charleston Chems., 133 NYS2d 764).
The appellant demonstrated good cause for the extension (see, CPLR 6513). The plaintiff promptly filed a note of issue when it obtained a one-year extension of its amended notice of pendency. However, 11 months later, the Supreme Court had not yet scheduled a trial date, necessitating the appellant’s mo
Case-law data current through December 31, 2025. Source: CourtListener bulk data.