Avon Electrical Supplies, Inc. v. Voltaic Electric Co.

Full title: AVON ELECTRICAL SUPPLIES, INC., Respondent, et al., Plaintiffs, v. VOLTAIC…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 18, 1994

203 A.D.2d 404 (N.Y. App. Div. 1994)

610 N.Y.S.2d 852

Opinion

April 18, 1994

Appeal from the Supreme Court, Kings County (Huttner, J.).

Ordered that the order is reversed, on the law, with costs, the motion is granted and the third and fourth causes of action are dismissed.

It is well established that a private mechanic's lien may not attach to a privately-held leasehold interest in publicly-owned land (see, Matter of Paerdegat Boat Racquet Club v Zarrelli, 83 A.D.2d 444, revd on other grounds 57 N.Y.2d 966; Plattsburgh Quarries v Markoff, 164 A.D.2d 30; Albany County Indus. Dev. Agency v Gastinger Ries Walker Architects, 144 A.D.2d 891; T.N.T. Coatings v County of Nassau, 114 A.D.2d 1027). Since the plaintiff's third and fourth causes of action sought to foreclose on such mechanic's lien, those causes of action should have been dismissed. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.