New York Court of Appeals, 1978

Carl A. Morse, Inc. v. Rentar Industrial Development Corp.

New York Court of Appeals · Decided March 21, 1978

43 N.Y.2d 952; 375 N.E.2d 409; 404 N.Y.S.2d 343; 1978 N.Y. LEXIS 1854

Cases that cite this one

12 later published cases cite this decision.

Barnes Construction Corp. v. St. Bonaventure University (New York Supreme Court 1986)
Niagara Venture v. Sicoli & Massaro, Inc. (N.Y. 1990)
People v. Cahoon (Appellate Division of the Supreme Court of New York 2019)
Matter of Old Post Rd. Assoc., LLC v. LRC Constr., LLC (Appellate Division of the Supreme Court of New York 2019)
David Rivera v. Department of Housing Preservation and Development of the City of New York, The Matter of Leonardo Enriquez v. Department of Housing Preservation and Development of the City of New York (N.Y. 2017)
Polluki Construction v. Capobianco (Appellate Division of the Supreme Court of New York 2014)
Polluki Construction v. Capobianco (Appellate Division of the Supreme Court of New York 2014)
Popular Contracting, Inc. v. Khokar (Appellate Division of the Supreme Court of New York 2003)
Burns Electric Co. v. Walton Street Associates (Appellate Division of the Supreme Court of New York 1988)
Hercules Chemical Co. v. VCI, Inc. (New York Supreme Court 1983)
Welch v. Shiffman (Appellate Division of the Supreme Court of New York 1981)
Arthur Treacher's Fish & Chips, Inc. v. New York State Tax Commission (Appellate Division of the Supreme Court of New York 1979)

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

OPINION OF THE COURT

Order affirmed, with costs, on the opinion by then Presiding Justice Frank A. Guxotta. In addition, it is observed that the dissenting opinion at the Appellate Division confuses the impact of a lien on property which does not disposses the owner with the line of cases in the Supreme Court of the United States involving precisely such dispossession by seizure without preliminary judicial determination. Question certified anWered in the affirmative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg dissents and votes to reverse in the following memorandum: For the reasons set forth in the dissenting opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division, I believe that New York State’s mechanic’s lien law (Lien Law, §3 et seq.), in the form in which it presently seeks to protect lienors unnecessarily and unconstitutionally deprives lienees of valuable property *954rights without due process of law. I would, therefore, vote to reverse and grant the motion for partial summary judgment.

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