Valsen Construction Corp. v. Long Island Racquet & Health Club, Inc.
Cases that cite this one
6 later published cases cite this decision.
- Maguire Bros., LLC v. Bellamy (In re Bellamy) (United States Bankruptcy Court, W.D. New York 2012)
- GCDM Ironworks, Inc. v. GJF Construction Corp. (Appellate Division of the Supreme Court of New York 2002)
- Modern Era Construction, Inc. v. Shore Plaza, LLC (Appellate Division of the Supreme Court of New York 2008)
- Vardon, Inc. v. Suga Development, LLC (Appellate Division of the Supreme Court of New York 2007)
- Decker v. Capellini (Appellate Division of the Supreme Court of New York 2003)
- Zimmerman v. Carlson (Appellate Division of the Supreme Court of New York 2002)
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
Moreover, the plaintiff has not established that the owner of the real property should be subjected to a mechanic’s lien because he either consented to or requested the plaintiff’s services (see, Lien Law § 3). The consent required by this section is not mere acquiescence and benefit, but some affirmative act or course of conduct establishing confirmation (see, Tri-North Bldrs. v Di Donna, 217 AD2d 886; Hamer v Schecter, 105 AD2d 932, citing Delany & Co. v Duvoli, 278 NY 328, 331; Sager v Renwick Park & Traffic Assn., 172 App Div 359, 367-368). Here, there is no showing of any affirmative act on the part of the defendants Park Associates or Gerald Wolkoff which can be construed as the consent required by Lien Law § 3 (see, Beaudet v Saleh, 149 AD2d 772, 773). In fact, the plaintiff readily acknowledges that it was unaware of either of the defendants Park Associates or Gerald Wolkoff until the commencement of this action. Bracken, J. P., Thompson, Krausman and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.