Appellate Division of the Supreme Court of New York, 2008

Ruckle & Guarino, Inc. v. Hangan

Appellate Division of the Supreme Court of New York · Decided March 4, 2008

49 A.D.3d 267; 852 N.Y.2d 122

Cases that cite this one

5 later published cases cite this decision.

Rapaport v. Broadway Kitchens & Baths (New York Supreme Court, New York County 2024)
DiSario v. Rynston (Appellate Division of the Supreme Court of New York 2016)
New York Concrete Washout Sys., Inc. v. Naylor Concrete & Steel Erectors, LLC (New York Supreme Court, New York County 2024)
KNR Constr., LLC v. Epiphany Constr. Servs., Ltd. (Appellate Division of the Supreme Court of New York 2024)
J.T. Magen & Co., Inc. v. Nissan N. Am., Inc. (Appellate Division of the Supreme Court of New York 2019)

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

To establish the right to enforce a mechanic’s lien, the contractor, or in this case the subcontractor, must make a prima facie case that the lien is valid, and that it is entitled to the amount asserted in the lien (8 Warren's Weed, New York Real Property § 92.11 [3] [a] [5th ed], citing Cramer v Esswein, 220 App Div 10 [1927]; see LHV Precast v Woodstock Lawn & Home Maintenance, 296 AD2d 736 [2002]). Plaintiff did not adduce sufficient evidence to establish prima facie entitlement to summary judgment enforcing the lien. Notably, the proposal on *268which plaintiff relies postdates the work performed, and plaintiffs evidence failed to establish that plaintiff is entitled to the amount asserted in the lien, i.e., $80,000. Concur—Andrias, J.P., Friedman, Buckley, McGuire and Moskowitz, JJ.

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