Appellate Division of the Supreme Court of New York, 2002

In re Ross School

Appellate Division of the Supreme Court of New York · Decided February 4, 2002

291 A.D.2d 407; 736 N.Y.S.2d 895; 2002 N.Y. App. Div. LEXIS 1317

Cases that cite this one

2 later published cases cite this decision.

Matter of Malbro Constr. Servs., Inc. v. Straightedge Bldrs., Inc. (Appellate Division of the Supreme Court of New York 2020)
Matter of Rigano v. Vibar Constr., Inc. (Appellate Division of the Supreme Court of New York 2015)

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 a proceeding pursuant to Lien Law § 19 (6) to summarily discharge a mechanic’s lien, the petitioner appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated September 7, 2001, which denied the petition and granted the cross motion of Eastern Woodworking Specialties, Inc., and Eastern Timber, Inc., to amend their notice of mechanic’s lien nunc pro tunc.

Ordered that the order is affirmed, with costs.

The lienors’ description of the property subject to their mechanic’s lien as set forth in their notice of lien, although not entirely accurate, substantially complied with the requirements of Lien Law § 9 (7) (see, Lien Law § 23; Fremar Bldg. Corp. v Sand, 104 AD2d 1025). Consequently, the lien is valid and the Supreme Court properly denied the petition to summarily discharge it and granted the cross motion to amend the notice of lien nunc pro tunc to correct the partial misdescription of the property (see, Lien Law § 12-a [2]; Fremar Bldg. Corp. v Sand, *408supra). Altman, J.P., S. Miller, Cozier and Prudenti, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.